En Español
Lipsig, Shapey, Manus & Moverman, P.C Logo

Determining Who Is at Fault in an Accident

November 10, 2021
Cars on traffic

Construction work is dangerous work, and this is exactly why there are so many safety rules, regulations, and restrictions in place. When you head out on your shift, you shouldn’t fear being seriously injured – or worse – as a result of a shoddily run construction site (or any other form of negligence). You are committed to performing your job, and you are entitled to a safe job site that takes safety seriously. If you are a construction worker who has been injured on the job, seek the skilled legal guidance of an experienced New York construction accident attorney today.

Determining Fault

When it comes to construction work, there are a lot of working parts, which means that risks can exist in a lot of different places – especially if one of the links in the safety chain fails to uphold the duty of care owed. Sometimes, getting to the heart of the matter of who is at fault for a dangerous construction accident is challenging in and of itself.

A deadly Bronx construction accident that happened in May 2021 illustrates exactly how dangerous and complicated construction accidents can be – and how difficult determining fault often is. Consider all the following factors involved:

  • A 29-year-old construction worker was critically injured, and another 30-year-old construction worker was killed on the job when a freight elevator they were loading fell to the ground.
  • The mixed occupancy, four-story building in question had multiple active construction permits in play, including permits for interior renovation, vertical enlargement, exterior work, and change of use.
  • The two workers involved in the accident also had permits for elevator work.
  • The building is a former ice factory – often called The History Channel Building (due to a massive rooftop billboard from years gone by). Though it had been vacant for 15 years, it was slated to become the main campus of the Dream Charter School.
  • At the time of the accident, the elevator had work being done on it, but it is not clear what caused it to drop.
  • There was another fatal fall-related accident in the building in 2019.

It is a lot to take in, and getting to the bottom of responsibility in the matter is obviously complicated.

The NYC Department of Buildings

The NYC Department of Buildings (DOB) shared its commitment to determining how the fatal accident happened – and to holding those responsible (if safety rules and regulations weren’t strictly upheld) accountable. Besides the DOB, those involved in the investigation include:

  • Law enforcement
  • Investigators from the Construction Safety and the Elevator Enforcement units (part of the DOB)

The DOB has issued a Full Stop Work Order.

Turn to an Experienced New York Construction Accident Attorney for the Legal Help You Need

The attorneys at Lipsig, Shapey, Manus & Moverman in New York have an impressive wealth of experience successfully guiding challenging workers’ compensation cases like yours toward optimal outcomes, and we’re here for you, too. To learn more, please don’t wait to contact us online or call us at 212-285-3300 today.


This field is for validation purposes and should be left unchanged.

"This law firm has great lawyers!" I had an accident and they got me what I deserved for my injury. They treat you like you are part of their family. If anyone needs a lawyer I will recommend this firm."