Blog - NTZ Law

Common Types of Construction Accidents and Your Legal Rights

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One of the most rewarding and challenging trade careers is in construction, and construction workers are some of the most skilled workers in New York City, with one of the most dangerous jobs. If you are a construction worker and are concerned about workplace injuries, there are several things you should know.

Most Common Construction Accidents on Construction Sites

With the number of construction projects going on across the city, and with so many moving parts (people, equipement, machinery) isn’t a surprise that the number of construction accidents and the resulting construction accident injuries has grown over the years. Here is a list of several of the most common accidents on construction sites.

Fires/Explosions

Machinery, vehicles, and generators are require fuel, and in some cases, that fuel isn’t stored properly. In those cases, fires can occur. Also, human error (lit cigarette, misplaced flammable materials, or electrical mistakes) can lead to fire accidents. Fire spreads quickly and cares for no one, which means that fire accidents are some of the most catastrophic accidents. Another, more catastrophic accident is explosions, which may be caused by gas leaks.

Slip/Trip & Fall

A construction site can be a mine field of debris, equipment, people, spills, misplaced tools, etc… Without proper storage or organization, posted warnings or barricades, and safety training or precautions, slip and fall/trip and fall accidents can occur. It only takes one loose wire, one misplaced hammer, one slippery surface to cause an accident.

Collapses/Falling Objects

Construction is a dangerous job, but it can be rewarding. Unfortunately, when working under and around building materials on uneven or excavated ground, demolition accidents, ground collapses, a trench collapse, building collapses, hoist accidents, and falling debris or objects can cause an accident.

Collisions

Construction work sites are a beehive of vehicle, equipment, machinery activity, and when these moving parts physically collide, these collisions can cause serious injuries. The vehicles can strike one another, or a work can be struck by a forklift, an excavator, or even the company truck.

Electrocution

Exposed wires, unfinished electrical systems, or poorly installed power lines, or downed power lines can serious electrocution injuries.

Machinery Accidents

Forklift accidents, struck by incidents, and machinery malfunctions are common accidents that are the most dangerous. Heavy machinery is the muscle on any construction project, and without proper training or lack of safety precautions, these massive and powerful machines can cause injury, permanent disability, and even death.

Most Common Injuries in the Construction Industry

Given the list of possible accidents that can happen while working construction, you’ll understand that the list of possible injuries is extensive. However, for the sake of time, we’ll list the most common injuries you can get while working in a construction zone.

Repetitive Motion Injuries/Repetitive Stress Injuries
Burn Injuries
Broken Bones
Head Injuries/Traumatic Brain Injuries
Spinal Cord Injuries
Crush Injuries
Loss of Limbs
Death

Have you experienced such injuries? Were you hurt during a construction site accident? Sadly, according to labor statistics, injured construction workers are not rare, with more than 550 injuries in New York City, in 2022 alone–including 11 fatalities. Despite years of required safety inspections and safety training, construction workers face construction injury on a daily basis.

What Do You Do After Serious Injury?

Construction workers should never have to worry about occupational safety. There should always be well-maintained safety equipment, well-written safety protocols in place, personal protective equipment for each construction worker. Unfortunately, that is not always the case, and in those cases a serious accident can occur. Have you been injured on the job at a construction site?

Your first step after the accident is to seek medical help. Be sure to document your injuries with detailed records and photos of the injuries. Next, contact your union representative, who will help you with workers compensation, getting help with medical expenses, or help you seek legal counsel, if necessary. However, if your injury was no fault of your own, you have the right to seek compensation through a personal injury/work injury claim.

What Are Your Rights?

So what happens when an accident occurs on your construction site and you’re injured? What do you do? What are your rights as a worker who has experienced a workplace injury? First, you have the right to work in a reasonably safe environment. Hazardous materials, faulty equipment, and slippery surfaces are the most common causes of construction injuries. Construction companies are liable for any injury caused by their equipment, their failure to employ and train the right professionals, or their failure to properly store machinery, heavy equipment, dangerous chemicals, and even smaller power tools.

If your injury was caused at no fault of yours, you have the right to full and fair recovery from your injuries, compensation for medical bills, lost wages, emotional injury, and even post traumatic stress disorder. Personal injury attorneys in New York, have years of experience in cases of construction site accidents, and can help you navigate the process of filing a claim.

Police Misconduct: Your Rights and Legal Recourse in New York

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When a crime is committed against you, you have the reasonable belief that the police are there to help you. That the law enforcement officers you see every day are worthy of your trust. In most cases, law enforcement officers can be and should be trusted. Unfortunately, that isn’t always the case.

What happens when a routine stop for blue lights leads to brutality against you? Not all criminals look and act like criminals. Sometimes the wear uniforms.

What is Police Misconduct?

According to the New York City Bar Association, police misconduct is: “…the result of intentional, negligent or reckless conduct that breaches the officer’s duty to faithfully execute the laws of New York and results in injury.”

The injury you suffer because of police brutality or unlawful conduct doesn’t have to be a physical injury, it can also be the emotional pain and suffering from humiliation, degradation, or ruination of a reputation. Physical violence against civilians, false arrests, or the infringement of your civil rights by a police officer is a crime, and it should be punished at the fullest extent of state and federal law.

Most Common Types of Police Misconduct

You trust that when you make that call for law enforcement, that when they arrive, they will do their duty faithfully, honorably, and with your safety in mind. That doesn’t always happen, and could become a victim of police misconduct. But what does that look like? What is considered police misconduct?

Here are the most commons citizen complaints against law enforcement agencies in New York:

Racial Profiling – discriminatory harassment, discriminatory misconduct, discriminatory traffic stops
False Arrest – false confessions, false imprisonment
Excessive force – excessive physical force used in the act of apprehension or detention of a civilian
Surveillance Abuse – using police department issued equipment to record you without authorization
Sexual Assault – sexual misconduct, coercive sexual conduct, aggravated sexual abuse, rape
Verbal Attacks – making false claims, verbal harassment in public, the use of racial or discrimiatory slurs
Abuse of Legal Power – using law enforcement resources to push for false confessions
Corruption and Bribes – taking money, favors, or asking for sexual acts in return for “looking the other way” or misplacing evidence

What if I Wasn’t Physically Injured?

Some injuries caused by police misconduct aren’t always visible. Sometimes the emotional toll is just as damaging. The humiliation, the shame, the pointed fingers, the loss of jobs/income because of false claims against you can be crippling.

In the case of a non-physical injury, police misconduct may be a little more difficult to claim, but not impossible. You are still a human being with rights, and when those rights are violated because of police misbehavior, you deserve justice.

What Can I Do if I’m a Victim of Police Misconduct?

Police misconduct cases are some of the most polarizing cases in New York City. Every day, millions of citizens put their trust in the men and women in uniform, and when one of those we’re supposed to trust is accused of discriminatory treatment, gross misconduct, impeding of civil rights, or acting in a manner that goes against the policies of the New York City police department or other local law enforcement agencies, you have the right to seek justice.

If you are injured at the hands of law enforcement officer, seek immediate medical care. Physical injuries caused by police brutality, excessive force, sexual abuse/assault, or the negligence of a law enforcement officer must be documented and reported. Pictures of the injuries and copies of the medical report will be critical evidence your civil rights lawyer will use to make sure the police officers accused are tried and punished for their actions.

Next, document the incident as best you can using your injury, witness statements, and a written report of your claims. With the advancements in law enforcement equipment such as body cameras and dash cameras, obtaining video and audio evidence of your police misconduct claim is much easier than ever. Your attorney will work to get this documentation for you, however, any documents you can provide for them, will make the process that much smoother for you.

What if Someone I Love Died in Police Custody?

Sadly, sometimes police misconduct, poorly executed police practices, and negligence can lead to death. In those wrongful deal cases, a civil rights attorney will work to prove that the deceased person was in good health before placed in police custody, and that direct or indirect (negligent) misconduct by law

The most important thing you can do if you are a victim of police misconduct or wrongful death is contact a civil rights attorney to file a claim against the New York City law enforcement agency and their law enforcement officer. Your lawyer is there for you to explain the process of filing a claim, and to do all the hard work of obtaining the evidence against the officer accused.

Call a civil rights attorney today for a free consultation and assessment of your case.

Steps to Take After a Motorcycle Accident in New York

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What are my rights in a motorcycle accident?

If you’re a motorcyclist who was struck by another vehicle, or a driver who was struck by a motorcyclist, you have the right to fair compensation for your injuries, property damage, and even death.

Do you live in the Bronx, Queens, or any other burrough of New York and have experienced the life altering reality of a motorcycle accident?

After the police are called to the scene, what do you do? What are your rights whether you’re at fault or not? Have you received fair treatment from authorities no matter what happened in the crash?

Are you the motorcyclist or the driver in the car during the incident? Was the vehicle on the road or was it a parked car? Who was driving what vehicle, and should they have been on the road? Were the police called? Was someone killed?

There are so many variables in a motorcycle accident New York.

Rights of the Motorcyclist

You’re riding along on your motorcycle, enjoying your usual Thursday afternoon in Queens, and you’re struck by another vehicle on the road. You are a motorcyclist, which means you do not have the same safety features other motor vehicles have. You sustain an injury that will keep you from work, which means loss of income, which can be catastrophic for you and your family.

Or you are the family member left dealing with the loss of your motorcyclist loved one who was killed in an accident.

You have rights, and those rights include compensation for loss of wages, the costs of medical bills, the loss of property or property damage, and wrongful death in the event someone was killed.

Rights of the Vehicle Driver

Motorcyclists aren’t the only ones who are injured or lose property in a crash. There have been many cases of motorcyclists hitting parked cars, pedestrians, and other vehicles.

After the crash, you call the police to the scene, and when the NYPD arrive, do they focus on you? Do they care that you’re hurt, or that your parked car is damaged? You have the right to fair consideration in a police investigation.

If you’re not the man or woman at fault in the crash, you have the right to financial compensation.

Injuries and Property Damage

A motorcycle vs. motor vehicle crash is a life-changing experience. Whether you were the motorcyclist or the driver in the car, you may have sustained injuries that require immediate medical attention.

You have the right to sue for the cost of your medical bills, no matter the number or severity of the injury. You can also seek money to cover loss of income if you are out of work because of your injury. If your motorcycle or vehicle are damaged, you can demand compensation to repair or replace your property.

If someone you love died in a crash where either the car or the motorcyclist lost control, leading to the death, you have the chance to seek closure.

Your first step to take after a motorcycle accident in New York is to contact the authorities–then you contact a lawyer who handles accidents involving motorcycles in New York City.

What Damages Can You Claim in a Premises Liability Lawsuit?

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You’re visiting your mother at her building in the Bronx, and you trip over a slab of uneven concrete on the pathway to the door…what happens now? What about if you slip on a newly-mopped floor in a retail store because you didn’t see a ‘wet floor’ sign posted? Imagine another scenario: You’re an apartment tenant and you have a fall accident when the railing along the stairs gives way–what do you do then?

You just might have the right to file a premises liability lawsuit.

What is a Premises Liability Lawsuit?

Premises liability cases are lawsuits brought against a property owner, manager, or other authorized persons when you are injured on someone’s property because of negligence. If you are on the property legally (for example if you were invited, you live there, or you work there) and are not trespassing, and you have an accident caused by a hazardous or dangerous conditions on that property, you may be eligible to file a premises liability claim against the property owner.

Proving negligence can be tricky, but an experienced premises liability lawyer will help you each step of the way. But does filing a claim against the property owner really help? And if you win your premises liability case against the property owner, what can you expect?

What is a Premises Liability Accident?

When you are on someone else’s property, you have the reasonable belief that you will be safe there. That isn’t always the case. The property owner may not maintain the property as required by law, and in those cases accidents can happen and people may be injured.

Common types of premises liability accidents include: Slip and fall accidents, inadequate security, falling into an unsecured swimming pool, being bitten by an unsecured pet, trip and fall accidents, or exposure to hazardous conditions. If you can prove that the property owner knew about the unsafe condition and/or the lack of a safe environment and failed to warn visitors, you can seek compensation through a personal injury claim/premises liability injury claim.

What Damages Can you Receive for Premises Liability Claims?

You may wonder, “if I get injured through no fault of my own on someone else’s property, what can I expect in monetary compensation?” This is a critical question and depends on numerous factors — if you have a case at all. Injuries, medical expenses, and lost wages add up quickly for negligence victims; it is imperative that you speak to a qualified personal injury attorney who has handled premises liability cases in the past.

Yes, you can get a payout through the insurance company, but many times that isn’t enough. You deserve to recover compensation that will allow you to heal and thrive after your accident. But what types of damages can you receive from your premises liability claims?

Medical Expenses/Bills

Dangerous conditions lead to accidents, and serious injury can occur. Those injuries need medical treatment, but that isn’t cheap. Thankfully, one of the damages covered in a premises liability lawsuit or settlement is medical bills. When you recover damages from the owner of the unsafe property, you can use that money to pay for immediate medical treatment, bills accrued because of the serious injury, and any future treatment.

Damaged Property

In the case of damaged property, like a car accident caused by a poorly maintained parking lot, you have the right to seek compensation to cover the costs of repairs of the property (your vehicle) or complete replacement of the property that was damaged.

Loss of Income/Lost Earnings

If your injury is so severe that you cannot work, you can seek damages covering the wages you lose from not working.

Diminished Future Income/Earnings

If the injury requires long-term treatment, or the injury has dramatically diminished your ability to earn a living, you are allowed to seek damages to cover any future lost income directly caused by the premises liability accident.

Pain and Suffering/Emotional Distress

Injuries cause more than physical pain; though physical pain can be substantial, injuries may also cause emotional distress–and you should be given restitution for that from the person held liable for your pain and suffering.

How do I File a Premises Liability Claim?

Your first step is calling for a free consultation with a New York City premises liability attorney. Experienced premises liability attorneys will help explain liability law, what you can expect during your premises liability case, and assistance in gathering the information to prove that the property owners are fully or partly responsible for your injuries. A premises liability claim is complex and requires extensive knowledge in applicable laws and statutes. Because the laws differ from city to state and beyond, a lawyer is an essential part of the claims picture.

In order to do all that, however, you must be able to prove the defendant’s negligence or the property occupier’s failure to provide a safe environment or keep the property safe. Experienced premises liability lawyers will help you gather the documentation needed (medical reports, law enforcement incident reports, photos, witness statements, written complaints, etc…) to prove the property owners are at fault for the unsafe conditions. Premises liability attorneys work directly with insurance companies, law enforcement officials, and property owners to secure your rights to financial compensation. Your attorney will also provide legal advice and guidance as your case works its way through the court system.

Once your case is won, you, as the injured person, are entitled to compensation, and you can focus on getting your life back on track. If you are injured through no fault of your own, seek medical attention immediately. Once your injuries have been stabilized, place a call to a personal injury attorney to learn the facts about a premises liability claim and what it takes to be successful in your claim.

The Legal Process After an Auto Accident: A Guide for New York Residents

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New York City is one of the largest, busiest, most congested cities in the world. In 2022 alone, there were nearly 54,000 car accidents in New York City, making it the 4th worst city for traffic in the US. With that many motor vehicle accidents, it isn’t difficult to understand that the chances of you getting into a car accident are high.

So what do you do if you’ve been in a motor vehicle collision in New York state? And what does the legal process after a car accident look like?

Immediate Action After a New York Auto Accident

Those moments immediately following crashes are crucial. Is anyone hurt? How much damage did the vehicle sustain? Were any pedestrians involved in the accident? Was there property damage, including damage to any parked vehicle in the area? These are all important factors to think about–but in the heat of the moment, things might not be as clear as you’d hope. First and foremost–do not admit fault! Aside from that, here are some things to do immediately after a motor vehicle accident occurs:

Check for Injuries

Car accidents are notorious for causing serious injury. Are you, your passenger(s), the occupants of the other vehicle, or any bystanders injured? If you are seriously injured, bypass the rest of this list for now and seek immediate medical attention. If your injuries are minor, remain at the crash scene and await law enforcement and emergency medical response.

Get to Safety

If the accident occurred in a major thoroughfare, on a highway, street, or if the vehicles involved in the accident or collision pose a threat to your health and safety, have motorists move far enough away from the scene to still be present but not in the way of any oncoming traffic or possible vehicle explosions–though this is an extreme circumstance.

Call the Police

Once in a safe place, contact the police. Chances are that an accident witness has already contacted the authorities, but do not take the chance that they haven’t. The police will arrive, check the medical condition of those involved in the car accident, direct traffic around the accident, investigate the car accident, and help you file a police accident report. The police report is a crucial piece of documentation you will need in the future so clarity of details, cooperation in the investigation, and honesty are incredibly important. In the case of an accident that results in a death, this step is absolutely necessary because what was a motor vehicle accident, could become something more serious depending on what caused the accident, and who was at fault.

Document the Accident

Outside of the official police report, document the accident on your own. Make note of the date and approximate time of the accident. The weather/driving conditions. Document the circumstances/events that lead up to the accident. If you can, take pictures and video of the car, the scene, and the people involved, speak with witnesses and the other drivers, get an image of the driver’s license and vehicle registration, and get a hard copy of the police accident report for your own records. Any pictures/video and witness statements will be helpful if you choose to file a motor vehicle accident claim against the other party.

Seek Medical Attention

Even if you feel “fine” after the collision, it is important that you seek medical help. Car accidents can be confusing times with many factors that can mask your injuries temporarily. Too many motorists have discovered a serious or life-changing injury after the fact.

Not only can a medical exam uncover any unforeseen internal damage, the medical report is critical documentation you and your lawyer will need to file a claim with your personal injury law firm.

Contact the Insurance Company

After the debris has settled and the police report is filed, it’s time to contact your insurance company. This is where the police reports comes into play. You must provide the official police reports, with your own documentation of the accident, and your medical reports to the insurance company claims adjuster, who will determine who was at fault, what will be covered under your policy, and whether you will be compensated for the accident/vehicle loss/damage. The policyholder claim isn’t the same as the claim you will file through your personal injury vehicle accident attorney.

How Important is Car Insurance in an Accident Claim?

Unfortunately for motorists, there are those behind the wheel that do not have insurance, despite the laws in NY making no-fault insurance mandatory. Whether you are uninsured or the person in the other vehicle is uninsured, being an uninsured motorist is a serious problem. Not only does driving without insurance carry a fine, you leave yourself and your passengers in a dangerous position if an accident occurs. If you are at fault, you are on the line to pay for the damages to vehicle, driver, injured bystander/pedestrian, or any property damaged during the accident. If you are not at fault, you may not have the help provided by a payout to cover loss of wages, living expenses, medical bills, and the replacement/repair of your vehicle.

Also, those who drive without insurance will find it difficult to file a personal injury claim because they’ve proven they are an irresponsible driver by not having the required insurance before getting behind the wheel.

The Legal Process After a Motor Vehicle Accident

After a motor vehicle accident, you have the right to file a personal injury claim and seek compensation for your injuries suffered, loss of personal property, and–in unfortunate circumstances–the death of a loved one.

Most personal injury attorneys in New York offer a free consultation for those injured in an accident. Once you’ve put your trust in your attorney, the process of filing the claim begins. The attorney will take the documentation from you, the police, and the insurance company, build your case for personal injury against the other driver, and fight for your right to compensation. In many cases, attorneys gather their own information, including incident and police reports while working with insurance companies to secure financial compensation for your injuries and damaged property.

Your job during the process is to heal, try to get back to normal, and listen to the advice provided by your legal professional. Personal injury attorneys in New York City have years of experience in helping victims recover the compensation they deserve. Because the laws differ from city to state and beyond, a lawyer is an essential part of the claims picture. After you’ve been treated for your injury, speaking to an attorney can be a valuable step toward recovering your dignity and normal life.

Understanding Premises Liability Laws in New York

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With a population of almost 8 million, living within 306 square miles, New York City is packed with people, many of whom live or work in buildings owned by other people. In many cases, those properties are well-maintained, safe, and secure. However, in just as many cases, there are properties that are dangerous to the health and safety of those who live there.

In that latter case, what happens if you’re injured on a property owned by someone else? Does the property owner have a legal obligation to pay your medical bills or cover your loss of income?

Here is what you need to know about New York premises liability claims.

What is Premises Liability Law?

A premises liability lawsuit can hold the New York property owner liable for any damage to persons or property while on the premises. Property owners are required to show reasonable effort to maintain a safe living or working environment for tenants, employees, or visitors. Failure to provide that safety creates a “premises” liability, either through negligence, neglect, or willful ignorance of conditions. If a person is on the property legally as a tenant, guest, or employee and the injury or property damage is caused by the owner’s negligence, then the injured party has the right to seek compensation through a premises liability claim.

What is Covered Under a Premises Liability Claim?

Before seeking out a New York premises liability attorney, ask yourself the following questions:

Was I on the property legally?

Do you work there, live there, or were you visiting someone who lives there? Proving the legal right to be on the property can be easy, especially if you have a signed lease agreement, an employment contract, or can prove you were invited to be on the property by someone with a legitimate reason for being on the premises. This means that those on the property illegally (an unknown trespasser, child trespassers, or those in designated off-limits areas) may not have the right to file a claim because the property owner cannot be held liable when they were unaware and unable to warn the trespassers of hazardous conditions.

Was my injury caused by an unsafe or dangerous condition?

Was the wiring faulty? Was the tile uneven? Was the dog improperly secured? Were warning signs missing or improperly labelled? Can you prove that the property owner has ignored obvious and potential dangers?

If you answered yes to any of the above questions, contacting a premises liability lawyer to file your premises liability claim is your next step.

What Injuries are Covered by Premises Liability Laws?

Whether at home in your apartment, at someone’s house, or at work in a restaurant, you have the right to live, visit, and work in a reasonably safe condition. However, that isn’t always that case. Common situations that often lead to premises liability cases include:

Slip/trip and fall accidents
Dog bites/injuries
Swimming pool injuries
Improper/poorly trained security
Burns/Cuts/Broken Bones
Damage to personal property (vehicles, dwelling contents, etc…)

There are numerous other situations that may lead to a premises liability claim. It is critical to speak to a qualified attorney to learn your rights and responsibilities should you be injured on someone’s property.

What are the Claim Limitations?

One of the first questions liability lawyers will ask is if you can prove that the property owner was negligent. In the case of tenants in apartment buildings, tenants are responsible for the general upkeep and maintenance of their units, with the exception of latent defects (improperly installed flooring, improperly anchored cabinets, etc…), hidden damage, and poorly repaired or maintained “public” areas like the stairwell, lobby, parking lot, or laundry facility.

Comparative Fault in New York

New York premises liability laws follow the principle of “comparative fault”, which means that if the injured person cannot prove that the injury was caused at no fault of the landlord or owner, then they are not eligible to recover compensation for their injury. That means that if the injury was caused by something you broke, repaired poorly, or failed to property maintain, the property owner may not be liable.

However, if you can prove that the owner failed to act toward the safety of their tenant, workers, or property visitors, you may have a case and the chance at maximum compensation for the resulting injuries.

How do I File A Premises Liability Claim?

When you are on someone else’s property, you have the reasonable right to be safe from injury. The business owner or property owners have a legal duty to ensure they’ve made the premises safe. You should never have to wonder, “Is the property safe?” Being on someone’s property makes them responsible to protect visitors, and they should be held accountable for any injuries caused while you are on that property. You are putting your well-being in their hands, and when you suffer injuries because of unsafe conditions or hazardous conditions, the owner of the unsafe property must be held responsible.

Obtaining Documentation

To file a premises liability claim, the first step is to gather all the necessary evidence to help with your premises liability case. This is where your attorney is invaluable; your premises liability attorney will do most of the difficult leg work; obtaining the documentation from the hospital, insurance company, and law enforcement. If required, documents you can provide to help move things along faster will always be a benefit.

The documentation an attorney will obtain may include:

Records of safety reports showing consistent negligence by the property owners.
Witness statements from people who were there when the injury occurred or they have seen the unsafe condition that caused the injury.
Medical records that document the injuries sustained during the accident.
Photos of injuries/damage caused by accident.
Documentation showing proof of lost wages/loss of employment, or decrease in expected quality of life (bills, mortgage statements, etc…)
Insurance bills/statements
Any photographic or video evidence showing the specific unsafe/hazardous condition (unfenced pool, broken glass in the walkway, unchained dog, icy/slippery stairs, etc…).

Set up a free consultation with an experienced NYC premises liability lawyer, who will sit down with you to discuss your case, including whether or not you have the ability to file a premises liability claim based on your information and/or injuries. Your attorney will work directly with insurers, property owners, and law enforcement officials to document the incident, file paperwork with the court system, and provide legal advice to injury victims.

Because the laws differ from city to state and beyond, a lawyer is an essential part of the claims picture. With a premises liability attorney on your side, you can get the peace of mind you need to move forward.