new york city construction workers high up on scaffolds

Causes of Slips, Trips, and Falls in Construction and How to Handle Them

Posted on February 26, 2021 by

Construction workers are experts in building things and using a wide variety of heavy machinery and tools. However, accidents can happen to even the most experienced construction professionals and cause injuries to both employees and random people simply passing by construction zones.

Here is a closer look at how accidents happen in the construction industry and what you should do if you’re involved in one of these dangerous situations.

How Construction Accidents Happen

Regardless of what type of project is being worked on, there is a lot going on at any construction site. From climbing ladders to lifting equipment, loading materials, and navigating slippery indoor and outdoor surfaces, many things can go wrong without proper precautions in place.

Construction workers can fall off elevated structures, trip over debris on the ground, misuse power tools, or fail to use personal protective equipment like gloves and goggles. People in the general public can also get injured at construction sites if workers haven’t secured elevated objects to prevent them from falling or if they haven’t cleared away demolition materials from sidewalks and parking lots. Electrocutions, being caught between pieces of heavy equipment, and falling over exposed stakes or uncovered holes can result in construction accidents as well.

Preventing Construction-Related Injuries

According to OSHA, approximately 6.5 million people work at around 252,000 construction sites daily across the U.S. and the fatal injury rate in this industry is consistently high. Common things that are slipped and tripped over at construction sites are snow, ice, tools, ladders, lumber, poles, and electrical wiring. To prevent falls due to ladders, make sure that these pieces of equipment are free of grease, dirt, and contaminants. Slips, trips, and falls on construction stairways can be prevented by removing debris and dangerous objects from these areas, installing handrails, and ensuring treads cover steps and landings.

Construction workers should wear work boots with slip-resistant and anti-puncture soles to protect themselves. Employees should also avoid working on scaffolding when it is covered in slippery snow, ice, or rain. For slip and fall accidents and other types of hazards at construction sites, employees should be properly trained in safety measures and attend frequent crew safety meetings throughout the project’s duration.

Why Contact a Slip and Fall Construction Accident Attorney

If you are a construction worker or an innocent pedestrian who has been involved in a slip and fall construction site accident, the Law Office of Jeffrey K. Kestenbaum can help. We have assisted many plaintiffs pursue at-fault parties for construction-related accidents to get them the compensation they need and deserve to recover from their injuries. We won’t stand for companies that cut corners and that don’t put the best interests of their employees and the public first. When you need a Brooklyn construction accident attorney on your side, contact us online or call us at 718-237-5586 to learn more about how to pursue this type of case so that justice is served.

woman shopping at home depot

What to Do After a Slip and Fall at Home Depot

Posted on February 26, 2021 by

With more time being spent at home these days and also an increasing interest in budget-friendly DIY solutions, homeowners have been shopping at Home Depot a lot lately. This popular home improvement store is filled with everything you need to repair and renovate your house. But it can also pose certain risks and dangers because of how these stores are set up and the types of products being sold here.

If you have been injured in a Home Depot store, here’s what you need to know about pursuing a claim and how a local slip and fall accident attorney can help.

Causes of Slip and Fall Home Depot Accidents

Like other retail establishments, Home Depot stores have a responsibility to their customers to maintain a safe and clean environment for shopping. If a store does not uphold this responsibility, it can be held liable for a person’s injuries that occurred because of a fall.

One common reason for a slip and fall in Home Depot is a liquid spill from a leaking cleaning product or a wet floor from watering around the garden center. Construction materials left out in aisles can pose dangers to shoppers, as well as boxes that can be tripped over or stacked haphazardly. People have also been injured in Home Depot stores due to recently mopped floors without proper warning signage, paint spills, poor lighting, wet entryways after rain or show, and potholes in the parking lot.

Actions to Take after A Slip and Fall at Home Depot

While they might seem minor at first, slip and fall accidents in Home Depot stores can cause severe injuries that result in high medical bills and long-term damage to your health. From bruises to broken bones and injuries to the neck, back, and spinal cord, it’s important to seek medical treatment right away after an in-store incident. Not only is immediate treatment the best course of action to care for your health, but it also helps your case by eliminating the defense’s potential argument that you made your own injuries worse by delaying treatment.

If possible, take photos of the accident scene and your injuries to preserve as evidence. Make sure to keep the clothes and shoes that you were wearing at the time of the accident as well. Let a manager at the Home Depot know that you were injured and get a copy of the accident report that was filed in the store or by the police. Do not accept blame for the accident and avoid making any public statements until you speak with a slip and fall lawyer.

How Slip and Fall Home Depot Claims Are Settled

Similar to other types of personal injury claims, slip and fall Home Depot claims require proof that the store owned, occupied, or controlled the property it is located on and that it was negligent in maintaining that property. As a fall victim, you must prove that you were injured and that Home Depot’s negligence caused your injuries. To pursue a successful case against the store and company, you should also be able to show that you were not being careless, that you weren’t ignoring warning signs or employee advice, and that you weren’t distracted to a point of causing your own injuries.

Various pieces of evidence can help you settle your claim faster and to your advantage, such as video surveillance, witness testimony, and medical documentation of your injuries. Having competent legal counsel on your side will also go a long way in being successful when you’re up against a huge corporation like Home Depot.

The Importance of Contacting a Local Slip and Fall Attorney

Far too often, shoppers initially disregard their injuries as no big deal only to discover how devastating their pain is weeks or months later. The Law Office of Jeffrey K. Kestenbaum provides dedicated and aggressive representation in New York to help you be successful in recovering the maximum settlement for your case.

For a free Home Depot accident case review, contact our office online or at 718-237-5586.

new york city apartment buildings

The Devastating Effects of Ceiling Collapse in Apartments and Your Legal Recourse

Posted on January 26, 2021 by

Take a moment to look up from your screen at the ceiling. How stable does that ceiling look? Is there any way it could ever come crashing down on you?

Surprisingly, ceiling collapses in apartments are more common than you might think. But not surprising, the results of having your ceiling fall down can be absolutely devastating to your body and your property. Here’s what you should do after a ceiling collapse and how a ceiling collapse lawyer can help.

Causes of a Ceiling Collapse

Older apartments in New York City are prone to ceiling collapse if they have plumbing issues. Leaks in units above you can weaken your neighbor’s floor and your ceiling to the point that part of the ceiling becomes so weak that it caves in and breaks.

Ceilings can also become weak and collapse due to mold that is not addressed, cracks that are not repaired, and defects in the materials used to construct the ceiling. Meanwhile, other tenants have been injured by ceiling collapses after their ceilings were damaged due to a termite infestation, improper duct work, maintenance work done poorly, and just old age if the building inspections are not up to date.

Signs that your ceiling may need attention include sagging in the ceiling, cracks, dripping water, or noises that may be caused by pest infestations or structural failure.

Who Could Be at Fault for a Ceiling Collapse in Apartment?

Various people could be liable for a ceiling collapse, including you, a neighbor, the landlord, a construction company, or the manufacturer of ceiling materials. Landlord-caused ceiling collapses are very common in Brooklyn because landlords have certain legal responsibilities and can be pursued for negligence claims.

However, it is important that you, as a tenant, notify your landlord about a potential ceiling issue so that he or she is aware of the problem and has an opportunity to do something about it. This may involve you writing a letter, making a phone call, or sending an email to tell your landlord about a crack or sagging section of your ceiling in a timely manner. This notification should be documented in writing and accompanied by photos for evidence.

What to Do If Your Ceiling Collapses

Because of the heavy materials used to construct a ceiling, serious injuries can result if one comes crashing down on you. These include head and neck injuries, brain injuries, cuts, scrapes, and bruises. When a ceiling falls, it can cause glass and other fragile items in your apartment to shatter and cause even further injuries. Spinal cord injuries and broken bones are often common after a ceiling collapse. Therefore, you will want to seek medical treatment immediately after a ceiling collapse accident to treat your injuries and get medical documentation of what just occurred.

If you are able to, take photos of the aftermath of the ceiling collapse for evidence and compile any documentation you have about apartment inspections, ceiling repairs, and damage notifications. All of these things will be very helpful to have when you contact a ceiling collapse lawyer to pursue your case against an at-fault party.

How a Ceiling Collapse Lawyer Can Help

If you have been the victim of a ceiling collapse in apartment accident, you need an experienced attorney on your side to fight for your rights and help you pay for the damages. The Law Office of Jeffrey K. Kestenbaum handles many types of accident cases, including ceiling collapses, and will deal with the insurance company to get you the highest value settlement possible.

We have helped many local clients prove that their landlords knew about unsafe ceiling issues and either did not conduct reasonable inspections or fix unsafe conditions when notified about them. To determine if you have a viable ceiling collapse case and to get a legal assessment of how much your case is worth, contact us at 718-237-5586. We are available 24/7 to help walk you through the legal process of this kind of accident claim while listening to your concerns and answering all your questions.

icy new york city steers

Can I Sue My Apartment Complex for Falling on Ice?

Posted on January 26, 2021 by

On average, New York City gets around 25 inches of snow each year, and this snow is often accompanied by ice that makes getting around much more challenging. Although slip-and-fall accidents due to ice are very common, their severity should not be minimized because of how devastating a person’s injuries can be.

Here’s an answer to the common question of “Can I sue by apartment complex for falling on ice?” so that you can get the legal help you need after a fall.

Common Injuries from Ice-Related Falls

There is no denying that ice is slippery and that people of any age and level of agility can fall while walking on ice. When sidewalks are not cleared of ice, they become very dangerous because ice is not always visible during winter storms. Common injuries that result from these falls include broken and fractured bones, concussions, muscle strains, and neck and back injuries from the sudden jolt of a fall.

When a Landlord or Apartment Complex Is at Fault

Landlords have certain responsibilities during the winter months, such as removing snow from sidewalks that are adjacent to their properties within four hours if the snow ceases after 7am and before 5pm. If the snow stops between 5pm and 9pm, landlords have 14 hours to clear it away. And if it stops between 9pm and 7am, the snow must be cleared by 11am the next day. Snow removal is very important because if it starts to melt and become liquid, that water could refreeze and turn into a dangerously icy situation.

If a landlord does not follow these New York City Department of Sanitation guidelines, he or she could be held liable for negligence. The lease you signed with your landlord may also dictate how snow removal must be done. A landlord or apartment complex may be liable for your accident if you or a neighbor provided notification about the icy condition and nothing was done for an unreasonable amount of time. Pursuing a successful case will require you and your attorney to prove that an icy condition existed, that the landlord or apartment complex knew about the condition, and that the responsible person failed to remedy it in a timely way.

What to Do After Your Slip-and-Fall Accident

Aside from taking care of your injuries and seeking treatment as soon as possible, it is important to collect as much evidence as possible after falling on ice at your apartment complex. Check your lease for any details about snow and ice removal and make copies of letters and emails that provide documentation about icy conditions. Make sure to take photos of the icy conditions before they melt, gather witness statements from other residents who also noticed the ice, and get copies of your medical records that document your accident-related injuries.

At this point, it’s a wise decision to call the Law Office of Jeffrey K. Kestenbaum to help you with accident reconstruction, navigating insurance company offers, and proving that your landlord or apartment complex was to blame. If you have slipped and fallen on ice, contact us online or at 718-237-5586 for a free case review.

mta buses in queens, new york

How to Handle MTA Injury Claims If You’ve Been in a Bus Accident

Posted on December 23, 2020 by

The Metropolitan Transpiration Authority (MTA) has the largest municipal bus fleet in the country, with around 5,725 buses that run all on over 200 local and 30 express routes through all five boroughs. Although this affordable and convenient public bus system in is one of the best things about living in NYC, it is not immune to accidents that cause serious injuries to riders, pedestrians, and drivers.

If you have been involved in a bus accident in New York City, here’s what you need to know about handling MTA injury claims.

How MTA Bus Accidents Happen

MTA buses are involved in many collisions each year with other vehicles and stationary objects, while slip-and-fall accidents on buses also occur due to wet or icy conditions. Bus accidents can occur due to a bus driver’s negligence, distracted driving, or intoxication. Crowded urban areas could be to blame for a bus accident, as well as poor road conditions due to weather or construction. You could also be injured by a bus if the MTA does not properly maintain its buses or address equipment defects in a timely manner.

Common Bus Accident Injuries 

Depending on the nature of the accident, many kinds of injuries can result if you are hit by a bus. Even if the accident is minor, you may experience whiplash, cuts, scrapes, and bruising. But since buses are so large and can pick up speed on city streets, your injuries may also involve broken bones, severed limbs, a concussion, or even death.

Suing the MTA for an Accident

There are special legal procedures that must be followed if you wish to sue the MTA for bus-related injuries. One option is to file a claim with the at-fault driver’s insurance company if another car caused the bus accident. But you may also able to file a lawsuit against the MTA to pursue the transportation authority directly for the company’s or bus driver’s negligence.

In some cases, the MTA is found to be partially responsible for the accident, while the bus driver or another vehicle’s driver is also to blame for certain aspects of what happened to make you injured. This is especially true if the MTA did not property background check or train bus drivers before hiring them. Big organizations like the MTA are equipped with insurance coverage to compensate accident victims more than just the bus driver alone likely could.

Like other types of personal injury cases, MTA injury claims have a statute of limitations, so you could miss out on the compensation you deserve if you don’t act quickly.

Proving Negligence in a MTA Bus Accident

When it comes to proving negligence in bus accidents, the circumstances are often complicated because several parties could be at fault. These cases are not always clear-cut, and bus accidents often fall under common carrier law with high standards for keeping passengers safe during transport. The bus driver, MTA, a third-party driver, pedestrian, or even the manufacturer of the bus could be held liable for a person’s injuries after a bus accident.

Pursuing the MTA for your injury claim involves showing that this transit carrier actually caused your injuries due to negligence. But unlike other types of accident claims, the burden of proving duty to care for passengers is well-established because of common carrier laws. However, it is still very beneficial to collect as much evidence as possible to support your claim, including photographs of the accident scene, police reports, weather reports, witness statements, photographs of injuries, medical bills, and proof of lost wages.

How a NYC Injury Attorney Can Help

Dealing with the MTA can be tricky, which is why you need an experienced NYC injury lawyer on your side who knows how to handle mass transit accidents and the entities involved. The Law Office of Jeffrey K. Kestenbaum has worked with many clients in successfully pursuing MTA injury claims and getting victims compensated for their medical expenses, lost wages, and pain and suffering.

Don’t be intimidated by powerful organizations like the MTA if you have been involved in a public transit accident. We are prepared to take on the MTA and any other liable parties to protect your rights and help you get your life back to normal. To learn more, please contact us online or at 718-237-5586.

young woman shopping for groceries wearing a mask

What You Should Know About Grocery Store Slip and Fall Settlements

Posted on December 23, 2020 by

New Yorkers typically visit grocery stores at least once a week to stock up on food and supplies to prepare meals at home. Having an accident in a grocery store is usually the last thing on our minds as we move through the aisles, but these retail establishments are actually a major cause of injuries because of someone else’s negligence.

Here are some details about how grocery store accidents often occur and how a Brooklyn injury attorney can help with grocery store slip and fall settlements.

Common Causes of Grocery Store Accidents

One of the most common ways that people fall in grocery stores is by tripping over the carpet or mat by the front door. These are in place to reduce wetness when coming in from the outdoors, but they can also pose tripping hazards when they become bunched-up or torn.

Liquid spills, either from an employee mopping the floors or a shopper knocking a liquid item off a shelf, also cause falls. Even solid spills, such as a bag of rice, can be fall hazards. Loose packing materials left on the ground, ice that escapes onto the floor in the freezer aisle, and pooled water by the produce misters can also make you fall while you’re shopping.

Proving Negligence Against a Grocery Store

Grocery stores have a responsibility to keep shoppers safe from hazards, which means that you can sue a grocery store for a premises liability claim after an injury. Even if the grocery store did not create the hazard, it can be held liable for a person’s slip-and-fall injuries if staff was made aware of the condition and did not fix it in a timely way. Therefore, you’ll need to be able to prove that the grocery store staff allowed a spill, torn carpet, or other hazard to exist for an unreasonably long time after being told it existed.

If you slipped and fell immediately after a spill happened, the grocery store probably could not be held liable because there was no reasonable way for a staff member to tend to it before you got there. You may also need to prove that you were exercising reasonable caution while shopping in the store and that you weren’t too distracted to safely avoid a hazardous condition.

Get Help with Your Grocery Store Injury Case

Taking on a grocery store after you’ve slipped and fallen can feel like an uphill battle if you don’t have an experienced lawyer on your side. At the Law Office of Jeffrey K. Kestenbaum, we will meticulously investigate your claim to find out who was to blame for your injuries by accessing surveillance tapes, interviewing witnesses, and linking injuries documented in your medical records to the accident that occurred.

We understand how dangerous grocery stores can be if they aren’t properly maintained, and we will fight for you and stand up for your rights to the fullest extent of the law. Contact us at 718-237-5586 for your free slip and fall consultation to get started.

busy nyc traffic

Legal Considerations for Drunk Driver Hits Pedestrian Accidents

Posted on November 30, 2020 by

Did you know that at least one-third of traffic fatalities in New York involve alcohol in an average year?

Drunk driving is a serious problem in New York City, not only because of automobile collisions but also because of how many pedestrians are on NYC streets at any given time. Here is what you need to know about drunk driver hits pedestrian accidents so that you can protect your legal rights as a pedestrian and seek the help of a Brooklyn pedestrian attorney if necessary.

How Drunk Driver and Pedestrian Accidents Happen

When a person drives drunk, his or her reaction time slows down, which makes it very difficult to respond to the unpredictable activity of pedestrians on the street. Drunk drivers often hit pedestrians when they are crossing a street, either within a crosswalk or especially outside of it while jaywalking. Drivers under the influence of alcohol may also accidently drive up onto a curb because of their reduced operational abilities and hit pedestrians standing on a street corner or waiting in a line outside a building. Most of these accidents occur at night when people are most likely to drive drunk and not see pedestrians as well as during the daytime hours.

Common Injuries of Pedestrian Accidents Caused by a Drunk Driver

Pedestrian injuries are often very severe when a person on foot comes into direct contact with an automobile. Bone fractures are very common, as well as excessive bleeding, bruising, and traumatic brain injuries. Unfortunately, many pedestrians die from drunk driver accident injuries because the human body is simply no match for a large machine traveling at any speed.

A Pedestrian’s Legal Recourse After an Accident

A pedestrian who has been hit by a drunk driver has the legal right to file a lawsuit against the negligent driver. Drunk driving is a form of negligence, so the person who was walking can sue for damages. If the car-to-pedestrian collision resulted in the pedestrian’s death, a representative can file a wrongful death lawsuit on behalf of the pedestrian.

Calculating Damages for a Drunk Driver Hits Pedestrian Lawsuit

Because the injuries of a drunk driver hit pedestrian accident can be so extensive, a pedestrian can receive substantial money in a lawsuit settlement. This money will help compensate the pedestrian for medical bills, pain and suffering, and lost wages from work due to the accident.

The calculation of medical costs is pretty straightforward but less tangible damages are more difficult to calculate, which is why having an experienced pedestrian accident attorney is so important. We look at the big picture of your situation and understand how so many aspects of life are affected after an accident. This means factoring in everything from follow-up doctor visits to physical therapy, emotional trauma, loss of consortium, funeral expenses, and loss of quality of life when pursuing your case.

The Role of Automobile Insurance

Another factor to keep in mind with this type of lawsuit is how much insurance coverage the drunk driver had at the time of the accident. In many cases, the settlement money comes from the driver’s insurance company and not actually from the driver directly. If the drunk driver did not have automobile insurance or did not have very much coverage, there may not be enough money available to pay for the pedestrian’s damages. Collecting the remaining funds directly from the driver, especially if the driver has very limited assets, is challenging and often requires the expertise of an auto accident lawyer who knows how to maximize a pedestrian’s recovery in every way possible.

Get Help with Your Pedestrian Accident Case

If you or someone you love has been a pedestrian hit by a drunk driver, the Law Office of Jeffrey K. Kestenbaum can help. It is definitely worth it to find out what your options are for recovering damages after this type of devastating accident, and we are here to walk you through every step of the process to help you get what you deserve.

Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team take a look at your case.

busy nyc street and apartment complexs

What to Do After a Slip and Fall Apartment Complex Accident

Posted on November 25, 2020 by

Slip and fall accidents can happen essentially anywhere, but one of the most common places they occur in New York City is at apartment complexes. Nearly two-thirds of New Yorkers rent apartments, and many of these renters have valid legal claims against an at-fault party because of a fall.

From the moment you are injured to being compensated for damages, here’s what you should know about filing a slip and fall apartment complex claim.

Common Causes of Apartment Accidents

At times, the injured person is to blame for slip and fall accident in an apartment complex because he or she wasn’t being cautious or was under the influence of drugs or alcohol. But at other times, a landlord could be negligent because of failure to provide a safe place to live and move around. Examples of landlord negligence include failure to remove snow and ice from apartment complex sidewalks, not providing adequate lighting in common areas, and not fixing broken flooring that could cause a person to slip and fall. Broken staircases and failure to put up cautionary signage when repairs are being made may also be linked to landlord negligence .

Assess Your Injuries and Seek Treatment

The first thing to do after any accident is to take care of yourself and seek medical treatment for any injuries that you have suffered. Common injuries that occur after slip and fall apartment complex accidents are broken bones, and concussions if you hit your head during the fall. Falls down flights of stairs and outside near traffic can cause particularly serious injuries that may require extensive procedures and follow-up appointments.

Collect as Much Evidence as Possible

If you believe that someone else, such as your landlord, is to blame for your accident, it is important to collect evidence quickly to prove your claim. This could include a lease stating that your landlord is responsible for a particular aspect of property management and copies of emails to the landlord notifying him or her about an issue that was never addressed. Other evidence may include photographs of the accident scene, witness statements from other apartment complex residents, and hospital records that document your relevant injuries.

Determine Fault in Your Case

As the injured party, the burden of proof is on you to show that your landlord was responsible for causing your injuries. Landlords and property owners have a general responsibility for not putting tenants into harm’s way and keeping the property safe from hazards and well-maintained. Tenants are responsible for things inside their own apartments but landlords are responsible for other areas, such as hallways, entryways, sidewalks, and staircases.

Work with a Local Lawyer You Can Trust

At the Law Office of Jeffrey K. Kestenbaum, we can assist you with accident investigation, proving your injuries are related to your accident, negotiating with insurance companies, and filing court documents to get you the compensation you deserve. If your case cannot be settled outside of court, we are also prepared to represent you at trial to pursue the at-fault party for your apartment accident case. Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team take a look at your case.

lawyer specking to client in kitchen

Kitchen Accidents Caused by Negligent Landlords and When to Hire a Kitchen Accident Attorney

Posted on October 30, 2020 by

If you rent an apartment, condo, or house, you likely have a landlord who is responsible for fixing things that break and addressing safety concerns before they cause accidents. Kitchen accidents are among the most common types of accidents that occur in a home, and they are sometimes due to the negligence of landlords who aren’t properly doing their jobs.

This article explores the nature of kitchen accidents in rental homes and what you can do if you are injured in your kitchen.

Types of Kitchen Accidents

There are many things that can go wrong in a kitchen because of the various types of appliances, electrical wiring components, and heavy pieces of machinery. Fires in a kitchen can be caused because a renter isn’t paying attention, but they can also be caused by broken ovens or stovetops. Kitchen accidents involving fire can also be caused by faulty wires and hoses, toxic fumes due to gas leaks, and uneven tiles that cause a person to fall.

Meanwhile, it is possible for an improperly installed large appliance to fall onto an inhabitant and cause injuries. Because of a leaky sink, dishwasher, or ice maker, a person could slip and fall on a wet kitchen floor and be injured. Skin burns, cuts from knives, and spilling boiling water are also common kitchen accidents that occur in New York.

Can You Sue Your Landlord for Kitchen Accidents?

Depending on the nature of your kitchen accident, yes, you may be able to sue your landlord for a kitchen accident. This is because landlords have a responsibility to maintain a habitable building and comply with New York’s implied warranty of habitability. This involves providing functioning hot water and electricity and making sure that rental properties are free of gas leaks, toxic fumes, and cracking walls and tiles.

For these types of cases, it is important to determine who the negligent parties are and work with an experienced attorney who knows the local laws and can apply them to your advantage in your case. A negligence claim against a landlord requires you to have substantial evidence to support your claim in court, such as photos of the hazardous condition and testimonies from neighbors who have experienced similar conditions. However, you cannot receive compensation for damages from your landlord if you solely caused the hazardous condition in your apartment or rental house.

When to Consult a Kitchen Accident Attorney

It is your right as a New York City renter to have a safe and clean rental property to live in, and if your landlord breeched his or her duty to provide this, you can file a kitchen accident landlord negligence claim. The Law Office of Jeffrey K. Kestenbaum can help you with this and go over all the details of your case to determine the best course of action to proceed with a claim.

To learn more and to tell us about your kitchen accident, please contact us online or by phone at 718-237-5586.

new york city scaffolding

What You Should Know About Scaffold Accidents, Injuries, and Death

Posted on October 21, 2020 by

Scaffolding is necessary at many construction sites to enable workers to reach high locations, provide a working platform, and offer a place to store materials. However, scaffolding is also a major source of accidents at construction sites and often results in devastating injuries to workers who were just trying to do their jobs.

Here is some information about scaffolding accidents and how to know if you should pursue a wrongful death case on behalf of a loved one who was involved in this type of tragedy.

Causes of Scaffolding Accidents

Scaffold accidents, injuries, and deaths are often caused when the scaffolding supports break because they are defective or assembled improperly. Construction workers and even other people just walking by can trip over scaffolding. Ordinary citizens may have an accident claim due to scaffolding due to a landlord’s negligence, for example.

Slips and trips often occur when the scaffolding is slippery due to weather, where it lacks guardrails, or when workers have not properly been trained for the job they are doing. Winter weather makes scaffolding even more dangerous than it usually is for workers and pedestrians. If a person or company places scaffolding too close to a power line, electrocution can occur. Workers who are careless, overloaded scaffolds, falling objects, and using damaged scaffolding for a project can all lead to serious injuries and even death.

Common Injuries and Scaffolding Accidents

Because scaffolding is placed at high levels and often around dangerous materials and wiring, very serious injuries can occur. Unfortunately, death scaffold cases are far too common here in New York. Some of the most common injuries due to scaffolding accidents include spinal cord injuries and traumatic brain injuries. Many people break bones due to scaffolding accidents, suffer from severe cuts and scrapes, and paralysis is possible in severe situations.

Many of these injuries can be prevented with the proper training of construction workers and ensuring that workers have the appropriate safety gear. Businesses that use scaffolding must inspect it regularly for defects, replace worn-out materials, and take the time to construct it properly according to OSHA standards.

Wrongful Death Cases for Scaffolding Accidents

Dozens of people die each year because of scaffolding-related accidents, which prompts the question of whether a wrongful death case can and should be pursued. A wrongful death case may be appropriate if a person dies in a scaffolding accident due to the fault of another person. If you believe that someone’s negligence was to blame for such a death, it is important to speak to a knowledgeable wrongful death attorney right away.

Various parties may be entitled to make a wrongful death claim, such as a surviving spouse, children, separated spouse in some situations, life partners, financial dependents, putative spouses and even distant family members. Compensation from a wrongful death case can help with the many expenses associated with the passing of a loved one, including lost wages and benefits, medical expenses, pain and suffering, funeral expenses, and household services.

Get Help with Your Injury or Death Scaffold Case

In addition to pursuing a wrongful death case because of a scaffolding incident, you may also be able to pursue a personal injury claim and a workers’ compensation claim. The Law Office of Jeffrey K. Kestenbaum can help you with your scaffolding-related case, regardless of whether you were the victim, a loved one was the victim, or if the accident resulted in injuries or death. Based on the circumstances of your case, it may be possible to bring a civil claim against one or more parties for failing to prevent a scaffolding injury or causing it through negligent actions.

Call us anytime 24/7 at 718-237-5586 to speak with an attorney about your scaffolding matter. You can also contact us online to learn more about how we can help you be successful in recovering the maximum monetary award and settlement for an injured person.

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