When an object falls from a building or construction site in New York City, the law has specific protections for those who are hurt. If you were injured, you have the right to seek compensation for the harm you've suffered. The core question isn't just what happened, but who was responsible for preventing it.
In many cases, identifying the responsible party is difficult. It could be a building owner who neglected facade maintenance, a general contractor who failed to enforce safety protocols, or a subcontractor whose employee was careless. Sometimes multiple parties share liability for a single incident.
While you focus on recovering, our firm handles the work of holding the right people accountable. The Perecman Firm has years of experience with falling object cases, and we know the laws that protect you inside and out.
For a free, confidential review of your case, contact us through our website or call us at (212) 977-7033.
HOW IT WORKS
FREE CASE REVIEW
We'll discuss options for your immediate financial needs, assess if your case is worth pursuing, and estimate the timeline for full compensation.
AN IRONCLAD CASE
As your counsel, we thoroughly analyze all evidence and expert testimonies to build an ironclad case proving liability and the extent of your injuries.
BATTLE THE BULLIES
As your trusted advocate, we pursue the maximum compensation you deserve, standing firm against intimidation and unfair settlement offers.
NO FEES
UNLESS WE WIN YOUR CASE
Why People Choose The Perecman Firm for Falling Object Cases
Our Record of Success
For over 40 years, our firm has secured more than half a billion dollars for our clients, with a focus on serious and catastrophic injury cases.
Focused Experience in Construction Law
Our attorneys have a deep understanding of the laws governing New York construction sites and property maintenance. Our results include numerous multi-million-dollar verdicts and settlements in cases involving construction falls and falling objects. These results are regularly featured in the New York Law Journal's Top Verdicts and Settlements, including an $11.9 million verdict for a worker injured on a suspended scaffold.
A Team Approach to Your Recovery
We provide direct, personalized attention to every client.
- Free Case Review: We will evaluate your case at no cost and explain your legal options in simple, clear terms.
- No Win, No Fee Promise: Our firm operates on a contingency fee basis. You pay us nothing unless and until we recover compensation for you.
- Accessible Location: Our New York City office is at 250 West 57th Street, near Columbus Circle and Central Park, and easily reached from the 59th Street/Columbus Circle subway station.
How Much Is My Falling Object Injury Case Worth?
While every case is different, the purpose of compensation is to cover every cost and loss the accident caused. The value of a claim is determined by the severity of your injuries and the total impact on your life. We pursue the maximum compensation available, which generally falls into three categories.
Economic Damages: The Measurable Financial Costs
- Medical Treatment: This covers everything from the initial emergency room visit to future surgeries, medications, and physical therapy.
- Lost Income: Compensation for the wages you have already lost and the income you will be unable to earn in the future due to your injuries.
- Rehabilitation and Care Costs: The cost of physical and occupational therapy, assistive devices, and any necessary long-term care.
Non-Economic Damages: The Personal, Human Costs
- Pain and Suffering: Compensation for the physical pain and emotional distress you have experienced.
- Loss of Enjoyment of Life: This addresses the ways the injury has limited your ability to participate in hobbies, activities, and relationships.
- Mental Anguish: This covers the psychological impact, such as anxiety, depression, or post-traumatic stress disorder (PTSD), following a traumatic event.
Punitive Damages: A Measure of Punishment
In rare cases where a defendant's conduct was exceptionally reckless, a court may award punitive damages. These are not intended to compensate for a loss but to punish the at-fault party and discourage similar behavior.
Where Do Falling Object Accidents Happen in NYC?
With constant development and aging buildings, falling object hazards are a persistent risk across New York City.
Common Environments for Falling Object Dangers
- Active Construction Sites: These are the most frequent source of falling object injuries. Unsecured tools, building materials, debris and overall heavy equipment could fall from scaffolds, cranes, or upper floors in Manhattan, Brooklyn, Queens, and at new developments across Nassau and Suffolk counties.
- Aging Building Facades: Many older buildings in NYC and the downtown areas of Long Island towns have deteriorating facades. Without proper maintenance, pieces of brick, concrete, or metal can break loose and fall.
- Areas with Scaffolding: Sidewalk sheds and scaffolding are meant to protect pedestrians, but if poorly constructed or maintained, they become a source of danger.
Factors That Increase the Risk
- Weather Conditions: High winds may dislodge loose materials from buildings and construction sites, turning them into dangerous projectiles.
- Negligent Practices: Failure to use safety netting, properly secure materials, or establish clear safety zones creates a high-risk environment.
- Lack of Proper Maintenance: Property owners who delay or ignore necessary repairs to their buildings put the public at risk.
NYC Falling Object Statistics
The New York City Department of Buildings (DOB) tracks construction-related incidents. According to their data, there were 692 construction-related injuries reported in NYC in a recent year. Many of these involved incidents related to falling debris and equipment.
Understanding the Legal Side of a Falling Object Claim in NYC
The legal path to compensation after a falling object injury depends on who you are and where the accident happened. The law provides different, and sometimes stronger, protections for construction workers compared to pedestrians.
Common Types of Falling Object Accidents
- Dropped Tools and Equipment: A frequent hazard on construction sites where hammers, wrenches, or power tools are dropped from a height.
- Falling Building Materials: Includes bricks, concrete blocks, lumber, and other supplies that were improperly stored or secured.
- Facade and Awning Collapses: Pieces of a building's exterior, including brickwork, signage, or window air conditioning units, that break free and fall.
Injuries We See in These Cases
- Traumatic Brain Injuries (TBIs): Even a seemingly small object is able to cause a devastating brain injury when falling from a significant height.
- Spinal Cord Damage: An impact to the back or neck could lead to paralysis and other permanent disabilities.
- Crush Injuries and Broken Bones: Direct impact can easily fracture bones in the skull, shoulders, arms, and legs.
- Wrongful Death: In the most tragic cases, a falling object may be fatal.
Key Legal Concepts
- Negligence: This is the foundation for most personal injury claims involving bystanders. It means that a property owner or company had a duty to act with reasonable care, they failed in that duty, and their failure caused your injury.
- Premises Liability: This legal concept holds property owners responsible for accidents and injuries that happen on their property due to unsafe conditions.
- New York Labor Law § 240(1): Also called the "Scaffold Law," it holds property owners and general contractors absolutely liable for injuries caused by falling objects, meaning they are responsible even if the worker shared some of the fault.
- New York Labor Law § 241(6): This law requires that construction sites comply with specific safety regulations in the New York Industrial Code. If a company violates a specific rule and a worker is injured as a result, it is strong evidence of negligence.
A Guide to Dealing with Property Owners and Their Insurers
After an injury, you may be contacted by an insurance adjuster representing the building owner or construction company. It is important to remember that these companies are businesses, and their primary goal is to protect their financial interests by minimizing what they pay in claims.
Tactics We Anticipate and Manage for You
- Pressuring You for a Recorded Statement: Adjusters are trained to ask questions designed to get you to say something that could harm your claim. We handle all communications on your behalf to protect you.
- Making a Quick, Lowball Settlement Offer: An early offer may seem tempting, but it is usually a tactic to close your case before the full extent of your injuries and future medical needs are known.
- Questioning the Severity of Your Injuries: The insurer might argue that your injuries are not as serious as you claim or that they were caused by a pre-existing condition.
- Shifting the Blame: In cases involving multiple contractors and companies, they will frequently try to point fingers at one another to delay the process and avoid paying. Our job is to cut through the confusion and hold the correct parties accountable.
Steps You Should Take to Protect Your Rights
While our team manages the legal work, there are several practical things you should do to support your case and document the true impact of your injury.
Your Role in Building a Strong Case
- Follow Your Treatment Plan: Attending all doctor's appointments and physical therapy sessions is not only important for your recovery but also creates a clear record of your injuries.
- Keep a Journal: Write down how you are feeling each day. Note your pain levels, any activities you are no longer able to do, and the emotional challenges you are facing. This journal can become powerful evidence.
- Track Every Expense: Keep a folder with all receipts and bills related to your injury, including co-pays, prescription costs, and even parking fees for doctor's visits.
- Avoid Social Media: Insurance companies hire investigators to look at victims' social media profiles. A single photo or post could be taken out of context and used to argue that your injuries are not as severe as you claim. It is best to refrain from posting until your case is resolved.
Frequently Asked Questions About Falling Object Injuries
How long do I have to file a lawsuit for a falling object injury in New York?
In most cases, the statute of limitations for personal injury in New York is three years from the date of the accident. However, if your claim is against a city or government entity, you must file a Notice of Claim within 90 days. It is always best to speak with a lawyer as soon as possible to ensure these deadlines are met.
What if I was just walking past a construction site in Long Island when I was hit? Do I still have a case?
Yes. Pedestrians and bystanders injured by falling objects have the right to file a claim under the legal principles of negligence and premises liability. Property owners and construction companies have a duty to ensure the safety of the public.
I'm a construction worker covered by workers' compensation. Can I still file a lawsuit?
Yes, in many situations. While workers' compensation prevents you from suing your direct employer, you may still be able to file a third-party lawsuit against other negligent parties, such as the property owner, general contractor, or an equipment manufacturer. This allows you to recover compensation for pain and suffering, which workers' comp does not cover.
What if multiple insurance companies are involved and they're all pointing fingers at each other?
This is extremely common in NYC falling object cases involving construction sites. You may have the property owner's insurance, general contractor's coverage, subcontractor policies, and equipment manufacturer liability all in play simultaneously. Insurance companies often spend months arguing among themselves about who pays what percentage. We handle all coordination between insurance carriers and file lawsuits against all potentially responsible parties to ensure someone pays your claim while they sort out their disputes. You don't wait for them to agree—we pursue all available sources of compensation simultaneously.
What if I don't know what object hit me or where it came from?
This is a common situation. Our firm will conduct a thorough investigation to identify the object, determine its origin, and uncover who was responsible for the safety failure that led to your injury.
Multiple people were injured by the same falling object. How does that affect individual cases?
Multi-victim incidents frequently involve higher insurance policy limits and support larger individual settlements because they demonstrate the severity of the safety violations. However, you're not competing with other victims for a fixed pot of money—each person's case is evaluated based on their individual injuries and damages.
We sometimes coordinate with attorneys representing other victims to share investigation costs and evidence while maintaining separate cases for each client. In these cases, being part of a larger incident actually strengthens individual claims by showing a pattern of gross negligence.
Let Us Handle the Details, So You Can Focus on Healing
Recovering from a serious injury is difficult enough without having to worry about legal rules and insurance company demands. You have rights, and the law is on your side. Let our team at The Perecman Firm take on the burden of the legal process.
If you or someone you love was harmed by a falling object in New York City, contact us for a free, no-obligation consultation. Call The Perecman Firm today at (212) 977-7033 to learn how we can help.