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Who is Responsible for a Tunnel Accident in NYC?

May 08, 2022
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Whether they’re conducting routine maintenance, blasting the ground below to create tunnels, or laying down pipes, tunnel workers, also commonly known as sandhogs, perform dangerous work that places their safety at risk every day. When negligent parties do not comply with the proper safety standards and protocols for tunnel construction, injured workers can file a personal injury claim against the party responsible for the tunnel accident.

Determining Liability in a Tunnel Accident

It is very common in the construction industry to have multiple workers working on a site and working on various projects. Sometimes, construction companies work with subcontractors, which can sometimes make determining liability for an accident somewhat challenging.

A skilled NYC construction accident lawyer can figure out the level of fault that different parties may share for the construction accident because it’s possible that the negligence of more than one entity or individual contributed to or directly caused your injuries. Depending on your specific situation, the following parties may be liable for your losses:

The Contractors or Subcontractors

Depending on the setup of the construction project, one company or contractor may oversee all the work. If this is the case, figuring out liability is straightforward. In some cases, however, a general contractor handles the project and hires subcontractors to perform the work on various aspects of the project.

Subcontractors also bring their own people and equipment, making liability more complicated in case of tunnel accidents. Either way, these parties are responsible for the safety of the worksite and ensuring that all workers always follow the safety protocols.

The Property Owner

In some types of tunnel accidents, a property owner may be held liable for the injuries a tunnel worker suffered, even if their negligence did not directly cause the tunnel accident.

The Product or Equipment Manufacturers

If equipment, such as power tools, used during the construction malfunctioned due to a design flaw or manufacturing defect and played a role in causing the tunnel accident that led to your injuries, the equipment manufacturer, or the party responsible for maintaining the faulty equipment may be held liable for your losses.

The Engineers or Architects

If the architect or engineer created a flawed plan for the tunnel and following the plan resulted in the accident, they could be held liable for damages incurred in the accident.

Consult with an Experienced NYC Construction Accident Attorney Today

Tunnel workers can sustain severe to potentially fatal injuries while working underground, and worker safety is key to ensuring their safety on the worksite. So, if a tunnel accident happens, it is immensely crucial to determine if it was preventable, what exactly caused it, and who must be held liable for it.

This is where the skills and experience of an NYC construction accident attorney will come in handy. If you have been seriously hurt in a tunnel accident or another type of construction accident, call Lipsig, Shapey, Manus & Moverman at 212-285-3300 right now or set up your free case review by filling out our online form.