Construction Accident Lawyer in New York City
New York City is one of the biggest and most heavily populated cities in the world. Affectionately coined as the city that never sleeps, it truly is the case, as New York City and its inhabitants are constantly on the move and constantly updating and improving the landscape. Taking a walk down a New York City street you can see some of the biggest buildings in the world, and it can be culture shock to many to see so many skyscrapers and different types of architecture. The fact is that New York City wasn’t always like this, and as many buildings as they are it seems like there’s a new one popping up every other week! Despite already being one of the most heavily packed cities in the world, New York City is constantly being built upon and every other day, on every other block you can see some type of new construction site or project going on. From the biggest and well-known construction projects going on, to smaller developments on individual homes, small parks and storefronts – construction is a constant across New York City, pretty much for the last century. And while this construction is good for the city as a whole, according to the team at Levine & Wiss, the best construction site accident lawyer Manhattan has to offer, it has led to a huge influx in the number of construction site accidents. And with so many accidents occurring, as often as they do, it leads to a number of civil lawsuits and personal injury cases occurring. In many cases, these personal injury claims are brought on by normal citizens who happen to be walking through an unsafe construction site, or they can be actual workers themselves filing workers compensation claims and cases. In this article, we will be exploring construction site accident cases across the city and what exactly must be proven in them.
When it comes to personal injury claims, they encompass quite a wide range of different cases or claims. Personal injury lawsuits account for everything from car accidents, truck accidents and DWI accidents with pedestrians, to slip and falls, medical malpractice, wrongful death claims and much more. and construction site accidents are quite a big topic in New York City. According to the team at Levine & Wiss, the best construction site accident lawyer Queens has to offer, with so many projects going on at one time, its no surprise that so many of them aren’t paying attention to every possible safety precaution and its leading to accidents and injuries for both civilians and the workers themselves. Its important to understand, according to the team at Levine & Wiss, the best construction site accident lawyer Manhattan has to offer, as a rule, worksite accident injury claims can fall into three categories – the first being defendant’s liability for general unsafe worksite conditions, the second is the defendant’s liability for violating specific, statutorily defined and regulated worksite conditions under the Industrial Code; and the third being the defendant’s liability for violating a specific statute governing worker safety. In this article, we will be exploring the burden of proof that falls upon the client and their attorney for the first category of cases – general negligence.
The fact is that when it comes to a general negligence construction site accident case, there, like in any other personal injury claim, lies a burden of proof. This burden of proof falls upon the plaintiff, the victim who if filing the lawsuit, and their attorney. According to the team at Levine & Wiss, the best construction site accident lawyer Queens has to offer, within a general negligence case, there are two specific items that must be proven in order to determine the negligence of the other party – including the following.
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· The Defendant’s Ability to Control the Worksite
The first thing that must be proven by the plaintiff in a construction site accident case is the defendant’s ability to exert their power and control over the worksite – essentially meaning they had the ability to control what goes on – i.e. they are the boss in some capacity. Generally, this will include the owner, the lessee, the contractor or even a subcontractor responsible for the job site at the time. Its important to understand however, that in the event a plaintiff has already received benefits through workers compensation, they can no longer file a lawsuit against their actual employer. As a result of this, in many cases, this eliminates having a viable defendant for the lawsuit, as its likely it would be their employer.
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· The Defendant Had Some Knowledge of Lacking Safety Measures
According to the team at Levine & Wiss, the best construction site accident lawyer Manhattan has to offer, the other item that must be proven is that the defendant had some knowledge of the lacking safety measures and failed to act on this knowledge to improve it. This falls under the general, common provisions of New York’s Labor Laws – commonly known as section 200. In some cases, they might also argue that if the defendant didn’t know about the lack of safety measures, that they should have known – being the controlling party of the worksite. Essentially, this item shows that the accident and injuries were preventable, if the defendant took the proper steps to remedy whatever safety hazard led to the accident and subsequent injuries.
For more information on the other forms of construction site accident cases, be sure to contact Levine & Wiss today.
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