New York City Excavation Accident Lawyer
Ensuring the safety of individuals and the integrity of New York City’s infrastructure during excavation activities is crucial. Excavation work, especially in a densely populated city like New York, involves significant risks to both workers and the public. NYC Title 15, Chapter 57: Rules Concerning Drilling and Excavation establishes strict guidelines to protect water tunnels and shafts from potential damage due to drilling or excavation. These rules, per the Department of Environmental Protection, define specific corridors within the city and require pre-application and permit applications for any proposed drilling or excavation within these corridors. However, when these safety protocols are not followed, it can lead to damages, serious injuries or even death. If you or a loved one has been injured due to any negligent excavation practices, you need a New York City Negligent Excavation Lawyer. Call Michael Gunzburg, P.C. as they can guide you in the law, and help you obtain the compensation you and your family may be entitled to recover.
Common Types of Excavation Negligence
Property owners and contractors are held to a high standard of care to ensure the safety of excavation sites. This means they must follow strict safety protocols and provide the necessary equipment and conditions to prevent accidents. When these standards are not met, and an excavation worker or a member of the public is harmed, the responsible parties can be held liable for compensation. Some of the most common types of excavation negligence include:
- Failure to Obtain Proper Permits: Excavation within designated corridors requires specific permits to ensure the safety of water tunnels and shafts. Failure to obtain these permits can lead to unmonitored and unsafe excavation practices.
- Inadequate Safety Measures: Proper safety measures, such as shoring, trench boxes, and barriers, are essential to prevent cave-ins, falls, and other accidents. Inadequate safety measures can result in severe injuries or even death.
- Violation of No-Drill Zones: The rules establish “no drill” zones around critical infrastructure. Drilling within these zones without proper authorization can cause severe damage and pose serious risks to workers.
- Lack of Proper Training: Workers must be adequately trained in safe excavation practices and the use of equipment. Lack of training can lead to accidents, serious injuries, and sometimes unfortunately death to a worker.
Common Injuries Due to Excavation Negligence
Excavation work is inherently dangerous, and negligence can lead to severe injuries. Some of the most common injuries resulting from negligent excavation practices include:
- Trench Collapses: Trench collapses can cause suffocation, crushing injuries, and fatalities to excavation workers.
- Falls: Workers can fall into unprotected excavations or from heights, leading to traumatic brain injuries, spinal cord injuries, and broken bones.
- Electrocution: Contact with underground utility lines during excavation can result in severe electrical burns or electrocution.
- Struck-by Incidents: Workers can be struck by falling debris, equipment, or vehicles, causing serious injuries.
Relevant Case Illustrating the Importance of Safety Compliance: Evandro Cunha v. Crossroads II (2015)
In an action to recover damages for personal injuries, the plaintiff, Evandro Cunha, was injured when an excavator rolled over his legs while he was working at a construction site. The Supreme Court of Westchester County denied the defendants’ motion for summary judgment, finding that they failed to demonstrate entitlement to judgment as a matter of law for certain alleged violations of Labor Law § 241(6). This law imposes a duty to provide reasonable and adequate protection and safety to workers. Specifically, the court highlighted the defendants’ failure to show compliance with sections of the Industrial Code related to safe operation and worker positioning around excavation equipment. This case highlights the legal requirements for maintaining safe excavation sites and the potential consequences of non-compliance.
Manny Camano v. the City of New York
This is a case we actually handled and secured the client a multi-million-dollar recovery. Manny was an excavation worker, a union member and working on the City of New York’s water and sewer project when he was instructed to transport some materials over an open construction beam. Manny was not given any safety equipment including a safety harness, or any fall protection whatsoever. As Manny was walking across the elevated steel beam over the excavation area, he was caused to fall about twenty feet and suffered severe and permanent injuries to his lower back, his pelvis, his legs and both his feet. Manny fractured his spine, and suffered broken bones to his pelvis, and both calcaneus bones in his feet. He ended up undergoing multiple surgeries and was determined to be permanently injured from any work. Manny and his family called us immediately after his accident, and we represented him throughout his case. At the time of trial, we secured for him a multi-million-dollar settlement and enough money to reasonably support him and his family for the rest of his life.
Our New York City Negligent Excavation Accident Lawyer Can Help After an Injury
If you have suffered a severe injury due to negligent excavation practices, our New York City Excavation Accident Lawyer at Michael Gunzburg, P.C. can help. We understand the complexities of safety regulations and will work diligently to prove negligence and secure the compensation you and your family deserve. Call us today at 212-725-8500 or chat with us online to schedule a free consultation and to learn more.
