Experienced Demolition Injury Attorney
Demolition activities are inherently dangerous to workers and those passing by alike. Construction crew managers and equipment manufacturers are sometimes held responsible when demolition workers are injured.
A common demolition scenario is when a building is being demolished in order to create a new one in its place. That can be because the building is old, no longer safe, or doesn't suit the current needs of the owner as-is.
By law, construction managers must clear a safe distance around the demolition zone. This is for a few reasons:
- To ensure smoke or other harmful air contaminants don't pose problems for those nearby
- To prevent debris from hitting anyone passing by
- To prevent hearing loss from excessive sound pressure from the blast
A clear case of a demolition accident lawsuit would be where these precautions weren't properly taken, and as a result a passerby, or especially a construction worker, is injured or killed.
NY Statute Rule 23 (Industrial Code)
Rule 23 lays out a series of different legal requirements for construction.
According to §23-3.2, construction companies must place adequate signage and other methods of notifying the general public that construction and demolition work is going on.
This includes drawing proper attention to wells, trenches, and other types of hazards that may not always be attended.
The manager must also inspect the walls of all adjacent structures to ensure they are strong enough not to be damaged by the demolition. If they aren't, the demolition could cause collapse to those structures as well, and that would definitely injure people.
Under Statute 23, if the construction manager has any reason to believe those adjacent structures are not strong enough, or any reason to believe other aspects of the perimeter might be unsafe, demolition cannot proceed until structures have been fortified and hazards have been alleviated.
As mentioned earlier, Statute 23 also contains provisions for taking adequate measures to contain dust and air pollutants.
How Those Apply To Demolition Accidents
Building a demolition accident case revolves heavily around demonstrating that the construction manager or the property owner did not take the right precautions throughout, and that any injuries sustained were a direct result of that negligence.
That includes both the preparation aspects pre-demolition as well as how the demolition was handled the day of.
While it's a dangerous line of work no matter what, most demolition accidents are the result of corners being cut, someone not paying attention, or collateral damage that likely should have been foreseen.
Smiley & Smiley, LLP, has extensive experience and a track record of results in a wide range of construction-related accidents, including a demolition case involving an injured 39-year-old demolition foreman.
After a New York demolition injury, lawyer Andrew Smiley fought for and obtained ample compensation for this demolition foreman. The man was struck in the head by a falling piece of concreted during a bridge rehabilitation project.
Attorney Andrew J. Smiley argued in trial "that the Triborough Bridge and Tunnel Authority (TBTA) violated specific Labor Law statutes that require overhead protection to protect workers from falling debris."
The result was a $1.35 million settlement paid by the TBTA.
Contact A Work Injury Lawyer Today
If you have been injured in a construction accident, contact a New York City personal injury lawyer at Smiley & Smiley. We provide free initial consultations, are available 24 hours a day, seven days a week and are conveniently located in Midtown Manhattan across from Grand Central Station at 122 East 42nd Street, 39th Floor. We have Spanish interpretation services available, and our staff includes a Haitian Creole speaker.