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Justice After New York Steel Structure Failures

As towering edifices dominate the New York skyline, the dangers associated with steel structure failures are ever-present. The catastrophic events involving steel structure collapse pose a threat of injuries and fatalities to workers and other individuals who may be present in their vicinity.

There is a pressing need for strong legal advocacy in the aftermath of such devastating incidents. At the Law Offices of Michael S. Lamonsoff, our New York steel structure collapse attorneys are ready to navigate the complexities of these cases, seeking justice and compensation for the victims injured due to steel structure collapses.

New York Laws on Steel Structure Collapse Injuries and Deaths

Duty of Care and Liability

Relevant Statutes: New York imposes a duty of care on property owners and construction entities to maintain safe structures under various statutes such as NY Code - RCO § 27-127.

Negligence Claims: Victims can pursue legal action based on negligence, establishing that the collapse resulted from a breach of the duty of care owed by the responsible parties.

Strict Liability in Certain Cases

NY Code - LAB § 240: Known as the "Scaffold Law," this statute imposes strict liability on contractors and property owners for certain gravity-related injuries, potentially applicable in steel structure collapse cases.

Workers' Compensation

NY Workers' Compensation Law: Injured workers may be eligible for compensation through the workers' compensation system, which provides benefits irrespective of fault.

Wrongful Death Actions

NY Estates, Powers & Trusts Law § 5-4.1: Family members of individuals who succumb to injuries in a steel structure collapse can pursue wrongful death claims for financial and non-economic damages.

Statute of Limitations

NY CPLR Article 2: New York imposes time constraints for filing lawsuits in steel structure collapse claims. The statute of limitations varies based on the type of claim and parties involved.

Product Liability

NY General Obligations Law Article 11: If a defective steel component contributes to the collapse, victims may explore product liability claims against manufacturers and suppliers.

Legal Recourse for Property Damage

NY Real Property Actions and Proceedings Law: Property owners facing damages due to a steel structure collapse may pursue legal action for compensation.

OSHA Regulations to Prevent Steel Structure Collapses: Safeguarding Workplaces

The Occupational Safety and Health Administration (OSHA) plays a pivotal role in establishing and enforcing regulations to ensure the safety and well-being of workers in the construction industry, particularly concerning steel structures. Let us look at the OSHA regulations aimed at preventing steel structure collapses and fostering a secure working environment in New York.

General Duty Clause

OSHA's General Duty Clause asserts that employers must provide a workplace free from recognized hazards that could cause serious harm or death. This includes implementing measures to prevent steel structure collapses by addressing design flaws, construction errors, and other potential risks.

Structural Stability

OSHA regulations emphasize the importance of ensuring structural stability during construction. This involves proper engineering, adherence to design specifications, and the use of materials that meet specified standards to prevent collapses.

Competent Person Requirement

OSHA requires the designation of a competent person responsible for identifying and addressing safety hazards. This includes overseeing the construction of steel structures to prevent issues related to design, engineering, and construction practices that could lead to collapses.

Training and Education

OSHA regulations emphasize the importance of adequately training workers involved in steel structure construction. This includes imparting knowledge on recognizing and mitigating potential hazards to prevent structural failures.

Emergency Action Plans

OSHA requires the development of emergency action plans that include procedures for responding to potential structural failures. This ensures a swift and organized response in the event of an emergency to minimize harm.

Fall Protection Standards

Construction workers involved in steel structure assembly often work at elevated heights. OSHA mandates fall protection measures, such as guardrails, safety nets, or personal fall arrest systems, to prevent falls that could lead to structural failures.

Load Capacity Limits

OSHA sets guidelines on load capacities for materials and structures. Employers must ensure that loads imposed during construction activities do not exceed the designed capacity of the steel structure, reducing the risk of overloading and potential collapse.

Regular Inspections

OSHA mandates regular inspections of construction sites to identify and rectify potential hazards promptly. Inspections are crucial in ensuring that steel structures are built according to approved plans and that any deviations are addressed promptly.

Fall Hazard Assessments

Before commencing work on steel structures, employers are required to conduct fall hazard assessments. This involves evaluating the work environment to identify potential fall hazards and implementing appropriate safeguards.

Recordkeeping

Employers are obligated to maintain records of safety training, inspections, and any corrective actions taken. This documentation helps demonstrate compliance with OSHA regulations and facilitates ongoing safety improvements.

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Dangers of Steel Structure Collapses in New York

Steel structure collapses pose severe threats to the safety of individuals, workers, and the general public in New York.

Construction Hazards

Steel structures are integral to New York's skyline, and ongoing construction projects involve the assembly of massive steel components. Hazards arise during the construction phase due to errors in design, poor workmanship, or inadequate supervision, increasing the likelihood of collapses.

Design Flaws and Engineering Failures

Defects in the design or engineering of steel structures can compromise their integrity. Whether it's a flaw in the blueprint, miscalculations in load-bearing capacities, or insufficient structural support, these issues may lead to catastrophic failures.

Material Defects and Corrosion

The quality of steel used in construction is paramount. Material defects, corrosion, or inadequate maintenance over time can weaken the structural components, making them susceptible to failure. Harsh weather conditions in New York, including winter storms, can exacerbate corrosion.

Poor Maintenance Practices

Regular inspections and maintenance are essential for the upkeep of steel structures. Neglecting these practices can result in undetected issues, allowing them to escalate until a collapse becomes imminent.

Overloading and Stress Factors

Steel structures are engineered to withstand specific loads. Overloading, whether due to excessive weight, unforeseen stresses, or modifications to the structure without proper evaluation, can push the materials beyond their capacity, leading to collapse.

Foundation Failures

A solid foundation is critical for the stability of any structure. Issues with the foundation, such as settlement, shifting, or inadequate support, can compromise the entire steel framework.

Human Error and Negligence

Construction sites involve a complex interplay of workers, supervisors, and contractors. Human error, negligence, or lapses in safety protocols can contribute to accidents and, in extreme cases, lead to a steel structure collapse.

Impacts on Public Safety

Beyond the immediate dangers to construction workers, a collapsing steel structure poses significant risks to public safety. It can result in injuries, fatalities, and extensive property damage, impacting communities and the economy.

Types of Evidence Our Steel Structure Collapse Attorneys in New York will Collect to Prove Liability of the Defendants

Proving liability in steel structure collapse cases requires a comprehensive collection of evidence to establish the negligence of the defendants:

  • Construction Plans and Designs: We will examine the original construction plans and designs to assess whether they adhere to safety standards and regulations. Discrepancies or flaws in these documents can indicate design-related negligence.
  • Engineering Reports: Our attorneys will obtain engineering reports detailing the structural integrity of the steel components. Any findings of design flaws, material defects, or construction errors will be crucial evidence in establishing liability.
  • Building Permits and Inspection Records: We will scrutinize building permits and inspection records to determine if the construction project complied with all necessary regulations. Non-compliance or oversight can contribute to the defendants' negligence.
  • Construction Contracts and Agreements: Examination of contracts between various parties involved in the construction project can reveal the allocation of responsibilities. Any breaches of contractual obligation can contribute to establishing liability.
  • Material Testing Records: Our legal team will review records of material testing to assess the quality and suitability of the steel used in the structure. Evidence of substandard materials can be pivotal in proving liability.
  • Maintenance and Repair Logs: If the collapse is attributed to a lack of maintenance or improper repairs, we will gather maintenance and repair logs to demonstrate negligence. Inadequate upkeep can lead to liability on the part of property owners or maintenance contractors.
  • Worksite Safety Protocols: We will investigate whether the construction site adhered to proper safety protocols and whether workers were adequately trained and equipped. Violations of safety regulations can contribute to the defendants' liability.
  • Surveillance Footage: If available, surveillance footage from the construction site can provide visual evidence of any negligent actions or safety violations. This can be particularly useful in establishing the sequence of events leading to the collapse.
  • Expert Testimonies: Our legal team will consult with expert witnesses, such as structural engineers and construction safety specialists, to provide professional opinions on the cause of the collapse and the defendants' negligence.
  • Eyewitness Statements: Gathering statements from eyewitnesses who observed the construction process, or the collapse can provide valuable firsthand accounts. Their testimonies can help establish the negligence of the defendants.
  • Defendant Communication Records: If there is evidence of communication between parties involved in the construction project, such as emails or memos, we will review these records to identify any acknowledgments of negligence or safety concerns.
  • Worker Testimonies: Statements from workers involved in the construction process can offer insights into potential safety violations, inadequate training, or other factors contributing to the collapse.
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Choose the Leading Steel Structure Collapse Accident Lawyers in New York City

If you have suffered injuries due to a steel structure collapse, securing justice is paramount, and Michael S. Lamonsoff, known as "The Bull," can provide the strongest representation you need to take on powerful defendants and large insurance companies in these cases.

Our skilled NYC personal injury attorneys, armed with a wealth of experience and resources, are equipped to obtain the vital evidence needed to establish liability in such cases. "The Bull" is not just a moniker; it reflects the aggressive and unrelenting pursuit of justice that defines attorney Lamonsoff’s legal approach. Led by him, our legal team will fight passionately to maximize your compensation. To schedule your free consultation, call us today at 212-962-1020 or contact us online.

Member of:

  • Board of Directors of NY State Trial Lawyers Association
  • American Association for Justice
  • NY County Lawyers Association

Educated at:

  • University of Arizona
  • Benjamin N. Cordozo School of Law
  • Double post-masters degrees in psychology at Columbia University

Awards:

  • 6X Super Lawyers Panel
  • Million Dollar and Multi Million Dollar Advocates Forum
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