New York Construction Accidents Involving Structural Collapses By Michael Joseph on June 15, 2010

Construction Accident lawyers in New York City must be familiar with the unique challenges that face accident victims who sustain personal injury and even wrongful death because of a structural collapse. These catastrophic failures often cause serious personal injuries to construction workers because of the fault of contractors who cut corners.

Collapses are often seen during demolition, excavation and new construction. In New York, Labor Law 241(6) is often invoked to protect the injured construction worker. New York construction accident lawyers must be careful not to only rely upon Labor Law 240, since many cases have held that where the collapse is due to a vertical or lateral causes (shoring/bracing) as opposed to horizontal (falling) issue, there is no Labor Law 240 violation. Although Labor Law 240 usually applies where the ladder, scaffold, plank or other device which is supporting the construction worker collapses.

Collapse of structure due to unsupported foundation often involve violations of NYCRR 23-4.1 [a] which requires that whenever any excavation is to be performed in the vicinity of buildings, structures or utilities, the integrity, stability and structural adequacy of such buildings, structures or utilities shall be maintained at all times by the use of underpinning, sheet piling, bracing or other equivalent means to prevent damage to or failure of foundations, walls, supports or utility facilities and to prevent injury to any person. The regulation also requires that the underpinning, sheet piling and bracing be inspected at least once each day or more often if conditions warrant by an experienced, designated person.

This regulation is aimed at protecting against collapses associated with a loss of stability created by the excavation and is sufficient to establish a Labor Law 241(6) violation.

Additionally with new construction, Labor Law 200 will often provide a remedy, where structural supports are not properly supported or secured, thereby causing a collapse of a wall or ceiling.

Related to This

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

Contact Us Today

Rate, Review & Explore

Social Accounts Sprite
About Us
Our Locations
Personal Injury
Construction Accidents
Auto Accidents

About Us

Our Locations

Personal Injury

Construction Accidents

Auto Accidents

Google map image of our location in 18 W 33rd St Ste 400 New York, NY

New York Office

18 W 33rd St
Ste 400
New York, NY 10001

Open Today 8:30am - 6:00pm

Google map image of our location in 203 E Post Rd  White Plains, NY

White Plains Office

203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

Tell us a bit about yourself...

(212) 858-0503 Send a message