Albany, New York, Falling Brick Pedestrian Accident

Jed Dietrich, Esq., Recognized as a Super Lawyer and American Institute of Trial Lawyers Litigator of the Year, is Committed to Defending the Rights of Struck-By Injury Survivors and Falling Brick Accident Victims In and Around Albany, New York. If You, or a Loved One, Have Been Injured by Falling Debris in An Accident That Was Not Your Fault, You Deserve Effective, Aggressive Representation and a Premises Liability Lawyer Willing to Fight for Your Rights.

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Albany may not be the biggest city in New York, but its status as the capital of one of the largest economies in the country makes it a place of near-constant change, renovation, and reconstruction. However, while most projects start and finish without incident, it only takes a single loose brick or a misplaced piece of equipment to turn a passing pedestrian's life upside-down. Accidents can happen abruptly and without any warning, leaving victims to overcome intense physical pain and unprecedented financial hardship.

Although no amount of money can make up for a life-altering injury, you do not have to bear the financial burden of somebody else’s negligence. For over 20 years, the Dietrich Law Firm P.C. has filed, fought, and won cases like yours, securing more than $250 million in damages for our clients in Albany and throughout New York state. We could help you, too. Please send us a message online or call us today at 1-866-529-5334 to speak to a falling object accident lawyer near Albany and find out how much your case could be worth.

Understanding The Causes Of Falling Brick Accidents

Falling objects are a leading cause of workplace injury and death throughout the United States. Still, nobody knows for sure how often pedestrians end up paying the price for poor safety practices. However, several critical risk factors regularly factor into these accidents. They include, but are not limited to, the following:

Inadequate Safety Practices

The Occupational Health and Safety Administration sets clearly defined standards regarding high heights, equipment, and the construction industry. Under OSHA section 29 CFR 1926.502, any employer or commercial property owner engaged in construction work on a multistory building must:

1. Install protective features such as raised toeboards;
2. Store tools, equipment, and materials a reasonable distance from ledges;
3. During masonry repairs and bricklaying, ensure that supplies are kept four or more feet away from the nearest edge;
4. Keep ledges and adjacent areas free from debris; and
5. If necessary, erect so-called “sidewalk sheds” to protect pedestrians on adjacent sidewalks.

OSHA’s standards are intended to protect workers and minimize the risk of accidents, but baseline compliance does not outright eliminate the risk of injury.

Insufficient Maintenance

Most falling brick accidents are reported in and around active work zones, but inadequate maintenance could compromise buildings in unexpected ways.

As a general rule, landlords, property owners, and other persons exercising control over a building and its premises have a legal duty to:

1. Keep the interior and exterior of the building in reasonably safe condition;
2. Make a good-faith effort to identify and mitigate risks to employees, visitors, and the general public;
3. Ensure that the building or worksite complies with applicable state laws and local Albany code;
4. Conduct routine maintenance; and
5. Take prompt action to remedy any structural defects that pose an imminent hazard.

If a property owner or construction contractor fails to meet any of these standards, they could be liable for the cost of any ensuing accident-related injuries.

Inclement Weather

Inclement weather, from strong winds to heavy rains, could easily displace tools, protective covers, and damaged structural features. Without the proper precautions, displaced materials could go airborne, with even lightweight objects posing a significant safety hazard when falling from a high elevation.

The Potential Defendants In A Falling Object Claim—And Why Identifying The Right Ones Could Prove Challenging

Any combination of inadequate safety practices, insufficient property maintenance, and external factors, like inclement weather, could cause or contribute to an accident. With so many different factors potentially at play, it can be challenging to identify who exactly, if anyone, is liable for an injury. One way or another, determining the correct set of defendants could prove unexpectedly challenging.

Some of the most common types of defendants in falling objects claims include, but are not limited to, the following:

1. Individual construction workers;
2. Individual construction contractors;
3. Commercial builders and construction companies;
4. A landlord, property manager, or tenant; or
5. A government agency or municipal corporation.

Drawing the wrong conclusion about defendants is much easier to do than many people think.

Many falling object-related accidents are, for instance, precipitated by individual acts of negligence. Some examples are an employee leaving a hammer too close to a ledge, a landlord ignoring a crumbling façade, or a crew forgetting to tie down supplies.

But this does not mean that liability begins and ends with the at-fault party.

Instead, these individual acts of negligence are often underscored by broad, systemic failures and poor business practices. Consequently, many falling object-related lawsuits name multiple defendants, all of whom could be held jointly and severally liable for your damages.

Damages And Compensation In Falling Object Lawsuits

If you have been injured in an accident that was not your fault, you could be entitled to file a personal injury lawsuit against the person or party responsible for your injuries.

To file a personal injury lawsuit, you must be able to establish that you have sustained damages as a direct result of the accident. In a legal context, the term "damages" does not just mean "injuries." Instead, it refers to compensation for various forms of hardship and loss.

In New York, the most common types of damages awarded in personal injury claims include, but are not limited to, the following:

1. The repayment of medical bills;
2. The cost of anticipated care;
3. The cost of long-term care in a residential or professional setting;
4. Physical rehabilitation and mental health counseling;
5. Lost income from work;
6. Diminished earning potential;
7. Loss of enjoyment;
8. Physical pain and suffering;
9. Emotional pain and suffering; and
10. Wrongful death.

New York does not cap damages in most falling object-related claims, but it does have a strict statute of limitations applicable to all personal injury lawsuits. Under state statutes of limitations, you typically have three years from the date of injury to take legal action.

If you wait too long to take action, though, the statute of limitations could lapse, and your case can be dismissed because of it.

Furthermore, accidents involving certain types of defendants are subject to additional restrictions. If, for instance, a government agency’s negligence caused or contributed to your accident, you may be required to file a notice of claim within 90 days. Failure to submit a notice of claim has a similar effect to letting the statutes of limitations lapse and could lead to your lawsuit coming to an early end.

Do not take chances with your rights. Call Jed Dietrich, Esq., today at 1-866-529-5334 to speak to a construction zone and falling object injury lawyer near Albany and schedule your 100% free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Albany, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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