Cranes are important pieces of equipment on many construction sites in New York City and across the state. They are used to move heavy loads higher and more quickly than in the past, thanks to tech updates. However, despite the advancements of modern equipment, crane accidents do and may occur and cause devastation to those involved.
Over the summer of 2023, a 45-story crane was damaged by a fire and partially collapsed onto a Midtown street in Manhattan. A dozen people walked away from the accident with minor injuries. However, the same company had another crane collapse in 2008 that led to the death of seven people. This is just an example of how deadly a crane collapse accident can be. About 20% of all accidents in the construction industry are caused by them. While cranes make it easier for workers to accomplish the task of moving heavy materials, they are also extremely dangerous to operate, and accidents involving them can be fatal or even permanently cripple workers and unsuspecting passersby.
There is information you should know after a crane collapse in New York, which we will outline below. However, if you or a loved one has been hurt or killed in a crane collapse accident, we strongly suggest that you reach out to an experienced NY construction accident lawyer to help guide you through the legal process and determine your rights.
The lawyers at Brandon J. Broderick have years of experience in representing clients involved in construction accidents, by minor and severe. Contact us today for a free consultation.
Main Cause of Crane Accidents
On a construction site, cranes are often the largest piece of machinery. Cranes generate more accidents than any other piece of equipment as a result. But what results in the collapse of such large machinery? Cranes fold or collapse as a result of too much weight in numerous accidents. Construction site managers may disregard or be unaware of the weight limits that come with each crane, resulting in a crane collapse accident. Therefore, most crane mishaps are attributed to inadequate training or hurried construction projects.
Crane accidents happen as a result of:
- Using a crane for a purpose other than intended
- Incorrect crane choice
- Adverse weather
- Inadequate crane setup
- falling objects or dangerous conditions close to the crane
- Contacting power lines
According to OSHA, the boom or crane making contact with live power wires accounts for 45% of crane accidents. Regardless of the reason for the disaster, the majority of crane accidents can be avoided by adhering to the correct safety procedures and effectively instructing workers on how to operate the crane safely. In actuality, human error is to blame for 90% of crane accidents, and crane operators exceeding operational capacity is to blame for another 80%.
Typical Claims Filed in Crane Collapse Accidents
There are three types of claims that are generally filed in New York crane accidents. These include the following:
- Workers' compensation claim: The benefits from workers' comp can significantly reduce your medical costs if you were hurt in a construction site accident. However, when you qualify and file for workers compensation, generally New York law prohibits you from suing your employer for injuries sustained on the job. A lawsuit against an employer is occasionally permitted, nevertheless, if your employer does not properly adhere to all necessary OSHA (Occupational Safety and Health Administration) safety regulations, as well as those needed by state and local authorities.
- Personal injury lawsuit: You may have the option to file a personal injury lawsuit against your employer if you were and your injuries were directly caused (at least partially) by OSHA violations. A lawsuit on behalf of someone hurt as a result of a crane accident may occasionally be supported by certain provisions of our New York Labor Laws or the New York Industrial Code. Or, there may be a third party responsible who could be responsible for your losses.
- Wrongful death claim: If a loved one dies in a negligent New York City crane accident, you may be able to file a wrongful death lawsuit to seek compensation, as well as cover funeral costs and other damages.
Parties Who May Be Sued in a NY Crane Collapse
The following parties are generally those who are sued when crane accidents occur. Speaking with an experienced construction site lawyer will help you determine which party to file a claim against.
Crane manufacturers: The company that made the crane or any of its components. Evidence must demonstrate that the crane or a component malfunctioned, directly contributing to your injuries.
Engineers or architects: Before the crane was put together and utilized on the property land, these parties might not have handled all surface and subsurface safety assessments.
Property owner: These parties may be defendants in lawsuits if these parties engaged any negligent contractors (or subcontractors).
The construction company: It's possible that the crane operator was among the individuals who weren't adequately screened or trained by your employer. This error had to have been a contributing factor in your accident for there to be liability. Operators of cranes must be appropriately certified and trained. If there is any evidence to support it, it may also be argued that a particular crane operator was permitted to operate the crane despite what would have appeared to be a condition or substance abuse problem that seriously affected his or her ability to perform. Additionally, in an effort to save money, many construction firms neglect to employ all the necessary on-site specialists for managing particularly challenging jobs.
Brandon J. Broderick Can Help You After a New York Crane Accident
Contact Brandon J. Broderick, Attorney at Law today if you need help following a crane accident in New York. Whether you were hurt because the crane wasn't secured properly or the operator was unaware of the weight, we're here to help you fight for the compensation you deserve.
We work on a contingency fee basis, you won't need to worry about the expense of legal counsel. We are only compensated if we win your claim.
Call us today for a free consultation to discuss your case.