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  • Leitner Varughese

Proving Negligence After a Construction Accident in New York


man with injured face

In bustling cities across the Empire State, including New York, Buffalo, Rochester, Yonkers, and Syracuse, construction sites are common. The state is constantly evolving, and new buildings are rising every day.


While these developments are a sign of progress, they also come with inherent risks. Construction accidents can lead to devastating injuries that change lives in an instant.


If you or a loved one has been involved in a construction accident in New York, understanding how to prove negligence is crucial to seeking justice and compensation.


Understanding Negligence in New York


Negligence is the cornerstone of many personal injury claims, including those arising from construction accidents. In legal terms, the concept refers to the failure to exercise reasonable care, resulting in harm to others.


To establish negligence in a construction accident case, you need to demonstrate four key elements:


· A Duty of Care: You must demonstrate that the party you're naming in your claim owed you a duty of care. In construction accidents, this often involves showing that the property owner, general contractor, or another party had a legal obligation to provide a safe environment for workers or passersby.

· A Breach of Duty: Next, you must prove that the duty of care was breached. This means showing that the responsible party failed to meet the expected standard of care, such as not following safety regulations or cutting corners.

· Causation: It's essential to demonstrate a direct link between the breach of duty and the injuries sustained in the construction accident. This establishes that the breach was the cause of your harm.

· Damages: Finally, you need to provide evidence of the damages you suffered as a result of the accident. This can include medical bills, lost wages, pain and suffering, and other losses.


Collecting Evidence of Negligence


Proving negligence in a construction accident case requires substantial evidence. To build a strong case, consider the following steps:


1. Document the Scene: Take photographs of the accident scene, including any hazardous conditions, equipment, or safety violations. These visuals can be powerful evidence.

2. Gather Witness Statements: Speak to coworkers, supervisors, passersby, or anyone who witnessed the accident. Their statements can provide valuable insight into what happened.

3. Preserve Medical Records: Keep detailed records of your injuries, treatments, and medical bills. These documents establish the extent of your damages.

4. Compile Expert Testimony: Consult experts in construction safety or related fields to testify about industry standards and whether they were violated in your case.


New York's Labor Laws


New York has specific labor laws that protect construction workers, such as Labor Law Sections 200, 240, and 241. These laws impose strict liability on property owners and contractors in certain situations, making it easier for injured workers to establish negligence. Understanding how these laws apply to your case is crucial if you were hurt while on the job.


Proving negligence after a construction accident in New York is a challenging but necessary endeavor to seek the compensation and justice you deserve. By understanding the legal elements of negligence and collecting compelling evidence, you can increase your chances of a successful personal injury claim.


Call 855-585-2969 to Discuss Your Case with a New York Construction Accident Lawyer


At Leitner Varughese, we represent injured parties in New York City, Long Island, and throughout New York State. Call 855-585-2969 or submit our Contact Form to schedule a free initial consultation with a construction accident attorney in New York.

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