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Tag: Construction Accident Law Firm Long Island
Construction sites are often sources of accidents. These accidents can result in the instant death of the victim. However, even if the victim somehow manages to survive the accident, the nature of the injuries suffered can turn their life upside-down. This means the victim is left with no choice but to file a lawsuit and hope for compensation.
An incident like this happened in New York. A man paralyzed in an MTA accident has been awarded over $100 million in compensation, by the court.
The whole incident in detail:
Robert Liciaga filed a lawsuit against the New York City Transit Authority after a railroad tie was dropped on him by construction site workers. The injuries suffered by in this construction accident paralyzed Liciaga from the waist down. Therefore, a Brooklyn jury has awarded Robert Liciaga $110,174,972.38 in compensation on Tuesday.
How did it happen?
The verdict was announced by the jury after a trial that continued for three weeks. According to testimony by Liciaga, he was riding his bike along Broadway in Bushwick below the elevated J and M Subway Line. One of the construction site workers waved, indicating it was okay to pass under the construction site.
What does Robert’s attorney have to say about it?
“Robert remembers biking straight ahead; he doesn’t remember anything after this. The next thing Robert remembers is waking up in the hospital,” says Mr. Scott Occhiogrosso, Robert Liciaga’s attorney.
Liciaga, who is now 26, was escorted back to the nursing facility while the jury announced the verdict in his favor on Tuesday afternoon. He now lives permanently in a nursing facility. Robert was a healthy, strong, 23-year-old when this tragic accident occurred. He enjoyed basketball and rode his bicycle regularly.
What went in Robert’s favor?
A number of factors went in his favor. The court blamed the NYC Transit Authority for carrying out subway maintenance without installing barricades for the public’s safety. In this way, NYC Transit authority failed to carry out safety measures required to inform the public to stay away from the construction area. Moreover, the court also held a supervisor responsible for allegedly instructing two workers to drag a 10-foot railroad tie to the edge of a girder and drop it over the side. As a result, the tie fell on Robert Liciaga and fractured his spine, leaving his body paralyzed permanently.
The Severity of the Injuries?
The impact of these injuries, suffered by Liciaga in this construction site accident, are permanent. He is now confined to a wheelchair for the rest of his life. Liciaga may heal spiritually from the injuries, but not physically. However, it is hoped that the amount of compensation awarded will provide him some relief.
According to Mr. Scott Occhiogrosso, New York City Transit Authority tried their best to argue the verdict that Robert should not have entered the construction site.
What does the NYC Transit Authority have to say about the verdict?
According to Mr. Maxwell Young, the amount of compensation awarded by the jury is excessively high. The NYC Transit authority plans on appealing the verdict and requesting the court reduce the award.
More Articles:
MTA accidents result in Personal Injuries
Assumption of Risk in Personal Injury
Construction Accident
The construction industry is a very dangerous industry for trade workers who often put their life and safety on the line when they go to work and risk construction accidents. In large cities such as New York City where new high rises are constructed on a weekly basis, developers, business ventures, owners, general contractors and sub contractors often place the bottom line ahead of worker safety. Most recently on September 1, 2016, we saw what can happen when owners and general contractors put money above safety. Two workers were severely injured when an “I” beam fell from the floor above where they were working and struck them. One workers leg was severely fractured and another worker fell through the floor onto the floor below suffering significant personal injuries. Click here to see the story.
A construction accident is often times a catastrophic accident for the victim and their family. The heavy machinery and dangerous conditions can be complicated by the failure of the contractor and subcontractors to follow safety protocol. The laws in this area are complex and increases the importance of speaking to an attorney experienced in these matters.
Construction Accident Attorney
When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.
Related Posts:
Gravity and Construction Sites
The obvious thought that comes to mind when thinking about how gravity can play an important role in construction site injuries is a construction worker falling to the ground from an elevated position. An equally important and equally dangerous scenario arises when objects fall from an elevated position. The New York Courts have placed an emphasis in ensuring that adequate safety devices are employed when hoisting or lifting materials so that the materials remain secure and the danger to the workers below is decreased significantly. Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219 (1991).
In a perfect world, proper safety devices would always be used on construction sites. In the real world, however, construction companies are focused on maximizing profits. This means that timelines must be followed and deadlines must be met. Sometimes in all the haste, safety protocol and procedures are ignored. The New York Courts have taken an interesting perspective on the harm caused by falling objects on a job site. In Runner v. N.Y. Stock Exch., Inc., 13 N.Y.3d 599, 604, 895 N.Y.S.2d 279, 282 (2009), the Court of Appeals turns the focus of whether “..the harm flows directly from the application of the force of gravity to the object.” Under these guidelines, actually being struck by the object may not even be a prerequisite to a cause of action.
Labor Law Attorneys
If you or a loved one have been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!
Inspecting new constructions
One good reason to have a newly constructed home inspected for defects:
New York law provides every purchaser of certain newly constructed homes with a statutory home warranty (the “Housing merchant implied warranty”). However, the warranty only covers certain latent (hidden) defects.
The Warranty statute states that:
“Unless the contract or agreement by its terms clearly evidences a
different intention of the seller, a housing merchant implied warranty
does not extend to….any patent defect which an examination ought in the circumstances
to have revealed, when the buyer before taking title or accepting
construction as complete has examined the home as fully as the buyer
desired, or has refused to examine the home.”
In other words, the statutory warranty does not cover patent (obvious) defects that the purchaser should have discovered before the closing.
Therefore, it is best to discover all patent defects before the closing. This will give the purchaser and his/her real estate attorney more leverage to negotiate an agreement with the seller regarding the repairs.
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620.
Please visit our Real Estate category to Learn more about real estate.
