Who Do I Sue After a NYC Construction Accident?

When someone is injured in a construction accident in New York City, recovering from the accident may be the first step. However, if negligence is involved you may wonder who to sue. Construction sites often involve multiple contractors, subcontractors, property owners, and sometimes even city agencies so who is ultimately responsible may not immediately be clear. 

At Sullivan Papain Block McManus Coffinas & Cannavo, we understand that determining responsibility isn’t just about pointing fingers but about compensating real distress. Below, we help explain what to do if you or a loved one is involved in such an incident.

Potential Parties You Can Sue After a Construction Accident in NYC

New York City is a bustling hub of construction, from towering skyscrapers to subway renovations. With so many projects happening simultaneously, it’s not uncommon for accidents to occur. According to the Occupational Safety and Health Administration (OSHA), more than 5,000 workers are fatally injured each year. These accidents happen for many reasons but whether the accident is from a fall, equipment failure, electrical hazard, or other factor, each of these incidents could have a different party responsible.

If you or someone you know has been involved in a construction accident, consulting with a construction accident lawyer in NYC should be one of your next steps. 

The parties who are responsible may include:

• General Contractors and Subcontractors

The general contractor is typically responsible for the overall safety of a construction site. They oversee the entire project, ensuring that all safety regulations are followed and that the work environment is secure for their workers. If the accident was due to unsafe working conditions, improper training, or inadequate safety measures, the general contractor may be ultimately liable. 

Subcontractors, who are hired to perform specific tasks like electrical work or plumbing, might also share responsibility. If a subcontractor’s negligence, such as failing to secure equipment or improperly installing scaffolding led to the accident, they could be held accountable.

• Property Owners

Property owners must ensure that their premises are safe. This responsibility doesn’t go away when construction begins. If the property owner knew or should have known about dangerous conditions and failed to address them, they could be sued for any injuries that occurred as a result. For example, if a property owner neglected to fix a known hazard, like a broken staircase, and that contributed to your injury, they could be a liable party. 

An experienced New York construction accident attorney can investigate to determine the property owner’s level of responsibility.

• Manufacturers of Defective Equipment

Construction work often involves heavy machinery and specialized equipment. If your injury was caused by defective equipment, you might have grounds to sue the manufacturer. Defective tools, malfunctioning machinery, or even unsafe safety gear can be the basis for a product liability lawsuit. 

You must preserve the equipment in question and document how it contributed to the accident to the best of your ability. A knowledgeable construction accident lawyer in NYC will know how to handle these details and build a strong case against the manufacturer.

• Engineers and Architects

Engineers and architects play a crucial role in the planning and execution of construction projects. They are responsible for designing structures that are safe and compliant with building codes. If an accident occurred due to design flaws or faulty engineering, these professionals might be liable. 

For example, if scaffolding collapses due to improper load calculations or if a building fails to meet safety standards, the engineer or architect could be sued for negligence.

• City and Government Agencies

In some cases, particularly in public works projects, city or state agencies might be responsible for construction site safety. If an accident occurred on a public project, such as road work or a bridge construction, the responsible government agency could be held liable if they failed to ensure proper safety protocols. 

Suing a government entity involves special rules and timelines. Working with a New York construction accident attorney who has experience in these complex cases can make a significant difference in your case.

How to Determine Who Is Liable

Identifying who to sue after a construction accident requires a detailed investigation. This process often includes reviewing contracts, safety logs, and accident reports. Witness statements and expert testimony might also be necessary to establish who had control over the area where the accident happened and who was responsible for maintaining safety. Was it the general contractor, a subcontractor, or the company that provided the scaffolding?

A construction accident lawyer in NYC will also look into OSHA violations and whether the responsible parties had a history of safety violations. These details can make a significant difference in proving negligence and holding the right parties accountable.

What to Expect When You File a Lawsuit

Filing a lawsuit after a construction accident involves several steps. First, your lawyer will investigate the accident to gather evidence and identify the responsible parties. This might involve working with experts to reconstruct the accident or to assess the safety standards of the site. Once the evidence is collected, your attorney will file a complaint in court, outlining the details of the accident and the damages you seek. The responsible parties will then have a chance to respond, and the discovery process will begin. 

During discovery, both sides exchange information, including any documents or evidence you’ve saved following your injury. If both parties can agree on compensation, the case might be settled even before going to trial. However, if a settlement isn’t reached, the case will proceed to court, where a judge or jury will determine the outcome.

If you are an injured construction worker in NYC or New Jersey, it’s important to take immediate action to seek compensation for injuries, pain and suffering, and more.  

The skilled attorneys at SPBMCC can guide you through this process, helping you understand your options and advocating on your behalf every step of the way. Contact us today for a free consultation.

Contact an Experienced NYC Construction Accident Lawyer at SPBMCC Today

Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.