Rochester, 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 Across Rochester, 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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The oldest skyscrapers in Rochester, New York, were built more than a century ago, at a time when building codes and safety standards were not nearly as strict as they are today. Though significant, historic structures often require more maintenance than their newer counterparts. Any office, school, or home, regardless of size or ownership, is at risk of instability when its needs are neglected and cost-cutting becomes more of a priority than protecting workers and passersby.

You do not need to look any further than nearby Buffalo, New York, to see how. In a recent and alarming incident, a pedestrian walking through Downtown Buffalo was struck by a brick that fell from the 13th floor of the Liberty Building. The victim survived, but his injuries were severe enough that he had to be transported to a local hospital by ambulance. This may seem like a freak accident, but it was anything but an isolated incident.

Every year, dozens of people throughout the state are injured by falling debris while walking past construction zones and poorly-maintained buildings. These accidents may not be as common as car crashes and slip-and-fall accidents, but they often have life-altering implications, both for victims and their loved ones.

At the Dietrich Law Firm P.C., we believe you should be left to pay for an accident that was not your fault. Since our founding in 2005, we have been committed to providing unparalleled legal representation and have helped our clients in Rochester and throughout the state secure more than $250 million in compensation. We could help you, too. Please send us a message online or call us at 585-939-3939 to speak to a personal injury lawyer near Rochester, New York, and schedule your 100% free, no-obligation consultation as soon as possible.

The 3 Most Common Causes Of Falling Brick Accidents

Nobody knows precisely how many pedestrians are injured each year by falling bricks and other debris. Some accidents are not serious enough to be reported, whereas most scientific studies on construction-related injuries focus on workers rather than the general public.

However, several factors are routinely cited in the course of accident investigations. These include, but are not limited to, the following:

1. Inadequate Overhead Protection

Struck-by accidents would likely never happen if every construction contractor and landlord followed the law to the letter. The Occupational Safety and Health Administration, for instance, has well-defined standards for the prevention of debris-related accidents. These standards are intended to protect workers and pedestrians alike.

Under OSHA standard 29 CFR 1926.502, any employer engaged in construction with a reasonably foreseeable fall risk must take the following precautions as necessary:

1. Install toeboards on higher-level floors to protect employees below;
2. Keep tools, equipment, and materials a safe distance away from toeboards and ledges;
3. During bricklaying and other masonry work, ensure that supplies are kept at least four feet away from the nearest working edge;
4. Regularly clean up and clear excess mortar and debris; and
5. Assembled canopies and other protective features are strong enough to withstand the force of falling objects.

OSHA standards are primarily meant to protect the workers, but an employer's failure to comply with occupational safety regulations could have dire implications for pedestrians and other passersby.

2. Poor On-Site Safety Practices

Aside from overhead protection, anyone involved in higher-level construction has a legal obligation to take reasonable precautions to prevent accident-related injuries, whether to themselves or others.

In a 2017 “Toolbox Talk” focusing on the danger posed by falling objects, OSHA reiterated the following guidance:

1. Loads should never be hoisted or allowed to pass over people;
2. Tools and materials close to “any change in elevation” must be secured; and
3. Employers and other parties responsible for on-site safety practices should anticipate that wind, precipitation, and other out-of-control conditions could cause unsecured items and materials to become airborne and drop to lower levels.

Falling object-related accidents are common enough to account for at least 50,000 recordable workplace injuries annually, though there are fewer available figures for incidents involving pedestrians. In either case, even small, lightweight objects have the potential to inflict serious, life-altering injuries when dropped from high heights.

3. Insufficient or Improper Building Maintenance

Falling brick accidents are more likely to occur in and around active construction sites, but poor maintenance practices can compromise even the best-built building’s structural integrity.

As a general rule, landlords, property owners, and property managers have a binding legal obligation to:

1. Maintain safe premises;
2. Limit foreseeable risks to employees and visitors;
3. Ensure that structural features comply with state code and local Rochester ordinances;
4. Make a good-faith effort to identify and remedy dangerous conditions on-site; and
5. Conduct reactive maintenance when weather, wind, or probable structural failures pose a risk to the public.

Property owners who do not take these obligations seriously could be held liable for the cost of any resulting accident, even if they claim the cause was beyond their control.

If you think that you may have a claim, call Jed Dietrich, Esq., today at 585-939-3939 to speak to a personal injury lawyer near Rochester and find out how much your case could be worth.

The Difficulty Of Determining Liability In Falling Object Claims

If a property owner, construction contractor, or other party’s negligence caused your accident, you could be entitled to file a personal injury lawsuit and obtain compensation for your injuries.

However, one of the single most significant obstacles in a typical struck-by-object claim is establishing who, exactly, should be named as a defendant. This is because the person who seems responsible for an accident is not always the one who had control over working conditions and general workplace safety. In fact, in many falling brick lawsuits, accidents are a consequence of negligence at many different levels.

Depending on the circumstances of your accident, the potential defendants could include any one or more of the following parties:

1. An individual contractor;
2. A construction company;
3. A building owner, manager, or landlord;
4. A government agency or municipal corporation; and
5. The manufacturer of a defective safety product, such as scaffolding, toeboards, and other barriers designed to prevent drops and falls.

The type of defendant or defendants named in a lawsuit typically has a direct impact on your case's legal strategy, as construction contractors, landlords, and government agencies are all bound by very different sets of rules and regulations. Making a mistake, even an accidental neglect or oversight, could thrust your claim into jeopardy, possibly resulting in a dismissal long before it ever has the chance to go to trial.

Securing Compensation After A Falling Brick Or Struck-By Object Accident

Filing, fighting, and winning a personal injury lawsuit is often much easier said than done.

If you are recovering from a serious injury, you are probably not in the best position, physically or financially, to take on all the stress that comes with standing up to a big construction company or real estate goliath.

Even when the causes of your accident are self-evident, personal injury lawsuits can have significant repercussions for everyone involved. And when it comes to corporations and insurance companies, your well-being will almost always take a backseat to their profitability.

You do not have to take chances with your financial independence.

The Dietrich Law Firm P.C. has spent decades winning cases like yours.

A recognized U.S. News & World Report Best Law Firm, we know what it takes to build the kind of compelling, evidence-based case that ends in a settlement or a court-ordered award, and we have the results to prove it.

Depending on the circumstances of your falling object injury, we could:

1. Determine the causes of your accident;
2. Identify who should be held liable for your injuries;
3. Assess your damages, including the money that you need now and the money that you will need in the future;
4. Negotiate on your behalf with the defendant, their insurance carrier, and their defense attorneys; and
5. Prepare to take your case to trial, where our personal injury lawyers have a proven record of success.

Since we only take cases on a contingency fee basis, we will never ask you for money up front. Instead, our payment comes as a percentage of your settlement. If we cannot win your case, we do not get paid, and we will not send you a bill for our time or services, either.

Please get in touch with the Dietrich Law Firm P.C. today to speak to a falling brick injury lawyer near Rochester, New York, and schedule your 100% free, no-obligation personal injury consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, 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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