If you’ve been injured in a construction accident in New York, you’re likely facing physical, emotional, and financial challenges. We understand how overwhelming this situation can be, and we’re here to help you navigate the legal process with confidence. Our team at Andrews, Bernstein & Maranto, PLLC, is committed to guiding you every step of the way and ensuring you get the compensation you deserve. In this blog, we will explain how to prove negligence in a construction accident case in New York and show you how we can support you in pursuing justice.
Understanding Negligence in Construction Accident Cases
Negligence forms the foundation of most personal injury claims, including construction accident cases. It refers to the failure to exercise reasonable care, resulting in harm or injury. In a construction accident case, proving that another party’s failure to follow safety regulations, maintain a secure work environment, or use proper equipment caused your injury is key. This process can be complicated, but by understanding the four key elements of negligence, you’ll be better equipped to build a strong case.
The Four Key Elements of Negligence
To prove negligence in your construction accident case, your attorney must demonstrate four essential elements: duty of care, breach of duty, causation, and damages. Here’s a breakdown of each:
Duty of Care
The law mandates that all parties involved in a construction project—whether contractors, property owners, or subcontractors—have a legal obligation to maintain a safe working environment. For example, a construction company is required to ensure workers have proper training, equipment, and safety protocols in place to prevent accidents. The first step in proving negligence is showing that the responsible party owed you a duty of care.
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Breach of Duty
Once a duty of care is established, the next step is proving that it was breached. A breach of duty happens when someone fails to follow safety standards, regulations, or basic precautions. For example, if a contractor didn’t maintain the proper scaffolding or neglected to regularly inspect safety equipment, this can be considered a breach of duty. In many construction accidents—such as scaffolding collapses, falls from heights, or equipment malfunctions—the breach of duty is a significant contributing factor.
Causation
After establishing that the duty of care was breached, you must prove that the breach directly caused your injuries. This is called causation. You’ll need to show that the negligent actions of the responsible party directly led to the accident. Key evidence such as accident reports, witness testimonies, and medical records will help establish causation.
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Damages
To succeed in a negligence claim, you must show that you suffered damages from the accident. These can include physical injuries, medical expenses, lost wages, pain and suffering, and other costs resulting from the injury. Proving damages is essential to seeking compensation for your injuries.
Collecting Evidence for Your Case
In any personal injury case, evidence plays a pivotal role in building your claim. In a construction accident case, several types of evidence can support your negligence claim:
Accident Reports and Documentation
Accident reports are crucial pieces of evidence. These official documents typically contain vital information, including how the accident happened, who was involved, and what caused the incident. Obtaining this report as soon as possible after the accident is crucial to supporting your claim.
Witness Testimonies
Eyewitnesses who were present during the accident can provide powerful testimony regarding what happened. Whether from fellow workers, bystanders, or other individuals, witness statements can help clarify who was at fault and how the negligence occurred.
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Medical Records and Bills
Your medical records and bills will help establish the severity of your injuries and the treatment you’ve received. They are key in proving the extent of damages you’ve suffered and are important in calculating the compensation you may be entitled to.
Photographs and Videos
Visual evidence, such as photographs or video footage, can strengthen your case. If you are able to safely document the scene of the accident or your injuries, this evidence can help show unsafe working conditions or faulty equipment. Video footage can also be valuable if there were security cameras on the site.
New York’s Labor Laws and Regulations
In New York, construction workers are protected by specific labor laws designed to ensure safety. These laws are instrumental in proving negligence in construction accident cases.
Labor Law Section 240 (The Scaffold Law) holds property owners or contractors responsible if an accident occurs due to unsafe scaffolding or fall protection at heights. If you fall because of improperly maintained equipment or inadequate safety measures, the law may make the responsible party liable for your injuries.
Verdicts & Settlements
Labor Law Section 200 requires that employers maintain a safe working environment, ensuring proper equipment and safety measures are in place. If your employer or contractor fails to meet these safety standards, they may be found negligent and liable for your injuries.
Understanding how these laws apply to your case is critical in proving negligence and seeking the compensation you deserve.
How We Can Help
Dealing with a construction accident is never easy, especially when recovering from injuries while navigating the legal system. At Andrews, Bernstein & Maranto, PLLC, we are committed to supporting you throughout the entire legal process. Our team is dedicated to investigating every detail of your accident, gathering the necessary evidence, and protecting your rights.
If you’ve been injured in a construction accident and believe negligence played a role, don’t hesitate to reach out. We’re here to help you build a strong case. Our team will fight tirelessly to secure the compensation you deserve.
Proving negligence in a New York construction accident case is a complex process, but with the right legal guidance, you can navigate this journey with confidence. By understanding the elements of negligence, collecting the right evidence, and applying New York’s labor laws, you can strengthen your case and pursue justice.
If you or a loved one has been injured in a construction accident, we are here to help. Contact Andrews, Bernstein & Maranto, PLLC today to schedule a consultation. Let us help you take the next step toward securing the best possible outcome for your case.