Slip-and-fall accidents can happen at any location and for a variety of reasons. However, accidents involving construction workers often involve unique legal issues. Additionally, New York construction accidents occurring on staircases enhance the complexity of these cases. Construction workers who suffer injuries after falling on a defective staircase may encounter many challenges when recovering damages for their injuries. However, these accidents can have long-lasting physical, psychological, and financial consequences, and injury victims should pursue their claims against negligent parties.
For instance, a news report recently detailed the death of a construction worker who died after a stairwell collapsed at a parking garage. The man was removing railings when the structure collapsed, and he became trapped between the wall and floor. Sadly, he was pronounced dead at the accident scene, and another worker was hospitalized with critical injuries.
Slip-and-fall and trip-and-fall construction accidents can stem from broken stairs and handrails, or another similar defect. Generally, when an individual suffers injuries on a broken staircase, they can file a personal injury lawsuit against the property owner, site manager or another party responsible for the defect. In these situations, they can pursue a claim to recover damages for their medical costs, lost wages and benefits, and pain and suffering.
In cases where a construction worker suffered injuries during the scope of their employment, recovering can be a bit more complicated. In most cases, construction workers covered under workers’ compensation cannot file a personal injury lawsuit against their employer. However, depending on the facts and circumstances surrounding the accident, they might be able to pursue a claim against a negligent third-party responsible for the defect. For example, the stair manufacturing company, the property architect, a subcontractor, an electrician, or even the business owner.
These cases tend to fall under premises liability, product liability, or negligence laws. It may be difficult to pinpoint liability after a broken staircase accident because the defect may occur at any point during manufacture or installation. However, the lawsuits may allege manufacturing defects, design defects, or failure to warn claims. The most common cause of stair accidents involves deteriorating supports, broken handrails, divergence from safety codes, short step heights, uneven surfaces, or blocked stairwells. Claimants should consult with an attorney before engaging in settlement discussions with insurance companies or the responsible entity.
Have You Suffered Injuries in a New York Construction Accident?
If you or someone you love has suffered injuries in a New York construction accident, contact the personal injury attorneys at the Law Office of Mark A. Siesel. Our attorneys understand that accident lawsuits involve more than the law, and solid cases and successful outcomes heavily rely on how a case is prepared and presented. As such, we ensure to take a holistic view of every lawsuit to ensure that our clients get the aggressive representation they deserve. We handle New York accidents involving car accidents, construction accidents, medical malpractice, premises liability and wrongful death. Contact our office at 914-428-7386 to discuss your right to compensation after a New York accident.