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New York Crane Accident Lawyer

Cranes are an everyday sight on construction sites throughout New York City and across the state. From tower cranes building high-rises in Manhattan to mobile cranes used for infrastructure projects in the outer boroughs, these machines play a vital role in the city’s growth. However, they also pose serious risks when not properly maintained, inspected, or operated. As an experienced New York crane accident lawyer can tell you, crane accidents can lead to devastating outcomes, including traumatic brain injuries, spinal cord damage, amputations, or even loss of life.

These incidents may result from mechanical failures, improper rigging, operator error, or violations of safety regulations. In densely populated areas like New York City, a single crane accident can impact not only workers on the job site but also pedestrians and nearby residents. When this happens, injured individuals and their families are often left with overwhelming medical expenses, lost wages, and long-term disabilities.

New York law provides multiple avenues for injured workers to seek compensation beyond basic workers’ compensation benefits. Labor Law §§ 240(1), 241(6), and 200 can offer legal remedies, particularly when third parties are responsible for the accident.

If you or someone you love has been injured in a crane accident, contact an experienced New York crane accident lawyer to understand your legal options and protect your right to compensation.

What Types of Cranes Are Used in New York?

The type of crane involved in an accident can influence how the incident occurred, what safety rules applied, and which parties may be legally responsible. Different cranes are used for different types of construction, and each comes with unique operational risks. Common crane types include:

  • Tower Cranes: These cranes are fixed to the ground or attached to buildings and are commonly used in high-rise construction projects. Their size and height make them susceptible to high winds, and improper assembly or overloading can result in collapses or falling loads. Because of their complexity, tower crane operations require strict compliance with both manufacturer specifications and safety regulations.
  • Mobile Cranes: Mounted on trucks or crawlers, mobile cranes are used for a wide range of lifting tasks and can be moved from site to site. Accidents often involve tip-overs, especially when cranes are operated on uneven ground or with inadequate support. Failures to follow proper setup procedures or secure the load can lead to serious injuries.
  • Overhead Cranes: Typically used in manufacturing or warehouse settings, these cranes run on elevated tracks and are used to move materials horizontally. Hazards include load drops caused by faulty hoists or miscommunication between operators and ground personnel. Regular inspection and maintenance are critical to preventing mechanical failure.
  • Gantry Cranes: Similar to overhead cranes but supported by freestanding legs, gantry cranes often operate outdoors or in large industrial spaces. They can be involved in accidents when tracks are obstructed or misaligned, or when weather conditions affect stability. Operators must be trained to adjust for variable ground conditions and ensure the path is clear.
  • Crawler Cranes: These cranes use tracks instead of wheels, giving them better stability on rough terrain. However, their large footprint and heavy weight require careful planning and ground preparation. Accidents can happen when the ground is too soft or uneven to support the crane during lifting operations.

When a crane accident occurs, identifying the type of crane and the specific cause of failure is key to building a strong legal case. Contacting an experienced New York crane accident lawyer as early as possible can help protect your rights and ensure that important evidence is preserved.

What Causes Crane Accidents in New York?

Crane accidents can happen for a variety of reasons, many of which involve safety violations or negligence. In a dense and highly regulated construction environment like New York City, failing to follow established safety protocols can lead to catastrophic outcomes. Identifying the cause of the accident is a key step in determining liability under state and federal law, which is why it is important to contact an experienced New York crane accident lawyer as soon as possible.

  • Contact with power lines: The Occupational Safety and Health Administration (OSHA) identifies contact with energized power lines as the leading cause of crane-related deaths. OSHA regulations require cranes to maintain a minimum clearance from power lines, outlined in 29 CFR § 1926.1408. Failure to follow these rules can support liability under Labor Law § 241(6) if the conduct also violates a specific provision of the Industrial Code.
  • Crane tip-overs or collapses: These events often result from improper assembly, unstable ground conditions, or wind exposure. New York Industrial Code § 23-8.2 outlines setup requirements for cranes, including the need for a firm, level surface and wind limitations. Violations of this regulation may form the basis of a claim under Labor Law § 241(6).
  • Mechanical failure: Crane components like hoists, brakes, and hydraulic systems must be regularly inspected and maintained. OSHA standards (29 CFR § 1926.1412) require both daily and annual inspections of crane equipment. If maintenance is handled negligently or skipped entirely, the responsible party may be liable under Labor Law § 200 or through a third-party negligence claim.
  • Improper rigging or hoisting: Rigging errors can cause loads to fall or swing dangerously. Industrial Code § 23-8.1(b) requires that only properly trained and designated persons perform rigging and hoisting, and that all hoisting equipment be in good condition. Violations can support a Labor Law § 241(6) claim.
  • Overloading: OSHA requires that crane operators follow load charts and never exceed rated capacity (29 CFR § 1926.1417). Overloading increases the risk of structural failure and often reflects negligence or pressure to work faster. Labor Law § 200 may apply if a site owner or contractor directed the unsafe load or failed to supervise properly.
  • Lack of operator training: Under OSHA (29 CFR § 1926.1427), all crane operators must be certified for the specific type of crane they are using. Improper training often leads to misjudgment in handling equipment, especially in emergency situations. In New York, inadequate training or supervision may trigger liability under Labor Law § 200.
  • Failure to follow safety protocols: Construction sites must comply with both federal and state safety regulations. Labor Law § 241(6) imposes a duty to comply with specific safety provisions found in 12 NYCRR Part 23. General violations of OSHA or Industrial Code regulations can be used to establish negligence and liability in a civil claim.

Crane accident cases often require detailed investigation into whether the parties involved complied with these regulations. An experienced New York crane accident lawyer can assess which laws apply, gather supporting evidence, and help you pursue a claim against all responsible parties.

What Safety Rules Apply to Crane Operations?

Cranes are subject to strict safety regulations at the federal, state, and local levels. These rules are designed to prevent accidents by ensuring that cranes are properly maintained, inspected, and operated by qualified personnel. When these standards are ignored, serious accidents can occur, and violations may support legal claims. If you were injured in a crane-related incident, contacting an experienced New York crane accident lawyer can help you determine whether a safety violation contributed to your injuries.

  • OSHA Regulations: Found in 29 CFR Part 1926 Subpart CC, these federal rules require that crane operators be trained, certified, and evaluated for the specific type of crane they operate. OSHA also mandates regular inspections, including daily checks and comprehensive annual reviews. In addition, the rules establish minimum clearance distances from power lines and set procedures for working near energized sources.
  • New York State Industrial Code (12 NYCRR Part 23): This state regulation includes detailed safety requirements for hoisting equipment, including load handling, rigging, and crane stability. Violations of specific provisions, such as those requiring firm, level support for cranes can form the basis of liability under Labor Law § 241(6). These regulations are often cited when site conditions or improper equipment use lead to injury.
  • New York City Building Code: Within New York City, the Department of Buildings (DOB) imposes additional safety measures for crane operations. Contractors must obtain permits for crane erection, dismantling, and use, and all operations must be overseen by licensed professionals such as master riggers or hoisting machine operators. The DOB also conducts inspections and requires site-specific safety plans to protect workers and the public in densely populated areas.

If a crane accident occurs due to a failure to follow one of these regulations, it may give rise to a strong legal claim under New York Labor Law. An experienced New York crane accident lawyer can help assess whether safety violations played a role in the incident and pursue compensation on your behalf.

What Injuries Are Common in Crane Accidents?

Crane accidents often involve large machinery, heavy loads, and elevated heights, all of which increase the risk of serious injury. When something goes wrong, the force and impact can cause life-altering harm. Victims may face long-term medical treatment, loss of mobility, and an inability to return to work. If you or a loved one has been injured in a crane accident, an experienced New York crane accident lawyer can help you understand your legal rights and pursue compensation for the full extent of your injuries.

  • Spinal cord injuries: Trauma to the spinal cord can result in partial or complete paralysis, depending on the location and severity of the injury. These injuries often require surgery, extended hospitalization, and lifelong care. Victims may lose the ability to walk or control bodily functions.
  • Brain trauma: A blow to the head from a falling object or a sudden jolt can cause a traumatic brain injury (TBI). Symptoms may include memory loss, cognitive difficulties, personality changes, and speech problems. Recovery can take months or years, and some effects may be permanent.
  • Broken bones: Crane accidents can result in multiple or complex fractures, particularly to the arms, legs, ribs, or pelvis. Some breaks may require surgical repair with rods, screws, or plates. Healing can be slow and may limit physical function.
  • Amputations: When a limb is crushed by heavy machinery or debris, surgical amputation may be necessary. This type of injury permanently alters a person’s ability to perform daily activities or work. Prosthetics and long-term rehabilitation are often required.
  • Burns from electrical contact: Cranes sometimes come into contact with live power lines, exposing workers to severe electrical burns. These burns can damage both external and internal tissues, and often require skin grafts or multiple surgeries. Electrical injuries may also affect the heart, muscles, and nervous system.
  • Internal organ damage: Blunt force trauma or being struck by a falling load can cause bleeding or damage to organs such as the liver, lungs, or kidneys. These injuries are often not immediately visible and may require emergency surgery. Long-term complications can include organ failure or chronic pain.
  • Crush injuries: When a body part is trapped between heavy materials or equipment, it can lead to crushed muscles, nerves, and bones. These injuries may cause compartment syndrome, which is a medical emergency. Even with treatment, permanent damage is common.

The physical, emotional, and financial effects of these injuries can be overwhelming. Contacting an experienced New York crane accident lawyer can ensure your rights are protected and that you receive the compensation needed for recovery and future care.

Who May Be Liable for a Crane Accident?

Crane accidents often involve multiple parties working on the same site, making it necessary to investigate thoroughly to determine who may be legally responsible. Liability can arise from negligent supervision, violations of safety regulations, or the use of defective equipment. Under New York Labor Law §§ 240(1) and 241(6), certain parties may be held liable even if they did not directly supervise the injured worker.

  • General Contractors: General contractors are typically responsible for maintaining safe working conditions across the entire job site. If they fail to provide proper safety equipment or coordinate activities in a safe manner, they may be liable under Labor Law § 240(1), which imposes strict liability for height-related construction injuries. They may also be held liable under § 241(6) if the accident was caused by a violation of a specific provision of the Industrial Code.
  • Subcontractors: Subcontractors who operate cranes, rig loads, or perform related tasks may be liable if their negligence caused the accident. This can include failing to follow safety protocols, miscommunication, or improper operation of equipment. Liability may arise under common law negligence or Labor Law § 200 if the subcontractor controlled the work that led to the injury.
  • Property Owners: With limited exceptions (such as owners of one- or two-family homes who do not supervise the work), property owners can be held liable for crane accidents. Labor Law § 240(1) imposes strict liability on owners for failing to provide adequate protection against elevation-related risks. Section 241(6) holds owners liable for construction site injuries caused by violations of New York’s Industrial Code. In Blake v. Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280 (2003), the New York Court of Appeals clarified that strict liability under Labor Law § 240(1) applies only when there is a statutory violation that proximately causes the injury. The plaintiff, a contractor, fell from his own ladder, which was in good working condition. The jury found that the ladder provided proper protection and that the accident was solely caused by the plaintiff's misuse. The Court affirmed that § 240(1) does not impose liability where no safety defect exists and the plaintiff’s conduct is the sole proximate cause. Although this was a ladder case, the Court’s reasoning applies equally to crane accident claims involving height-related injuries and reinforces that a violation must contribute to the accident.
  • Equipment Manufacturers: If the crane or one of its components was defectively designed, manufactured, or labeled, the injured party may have a product liability claim. These claims typically require expert testimony to show how the defect contributed to the accident. Manufacturers can be held strictly liable for injuries caused by defective products under New York product liability law.
  • Maintenance Companies: Companies hired to inspect or service cranes can be liable if their failure to perform proper maintenance contributed to the accident. For example, if a hoist cable snapped due to wear that should have been detected during inspection, the maintenance company could face liability under common law negligence. Their responsibilities may also be governed by OSHA standards and industry-specific safety requirements.

Determining liability in a crane accident requires a detailed investigation of contracts, safety records, and the conduct of each party. A thorough legal analysis by an experienced attorney is often needed to identify every party that may be responsible.

How Do New York Labor Laws Protect Injured Workers?

Workers injured in crane accidents may have legal protections under specific sections of the New York Labor Law. These laws outline when a contractor or property owner may be held responsible for construction site injuries. An experienced New York crane accident lawyer can help identify which claims apply based on the facts of the case.

  • Labor Law § 240(1): Often called the “Scaffold Law,” this statute applies to elevation-related accidents involving cranes, such as collapses or falling loads. It imposes strict liability on owners and contractors when a required safety device fails to protect the worker from a gravity-related hazard. The injured worker does not need to prove negligence to recover under this law.
  • Labor Law § 241(6): This provision requires compliance with specific safety regulations set by the Commissioner of Labor. Liability under § 241(6) depends on whether a violation of a concrete Industrial Code rule contributed to the injury. General safety terms like “adequate” or “proper” are not enough to support a claim under this section.
  • Labor Law § 200: This section reflects common-law principles requiring owners and contractors to provide a safe work environment. A worker may recover under § 200 if the injury was caused by a dangerous condition or unsafe practice and the owner or contractor had control over the work or knew about the hazard. Unlike § 240(1), this claim requires proof of negligence or supervision.

In In re East 51st St. Crane Collapse Litig., 84 A.D.3d 512 (1st Dep’t 2011), the Appellate Division affirmed summary judgment for a worker injured in a crane collapse, holding that the property owner and construction manager were strictly liable under Labor Law § 240(1). The court found that the injured plaintiff established a prima facie case by showing the accident resulted from a height-related hazard, and that the defendants failed to provide safety devices that could have prevented the collapse. The defendants’ arguments that the plaintiff could have used other safety devices, or that the rigger’s conduct broke the chain of causation, were rejected. The decision confirms that property owners and agents can be held strictly liable even if they did not directly supervise the work or personally provide the equipment.

Can I Receive Workers' Compensation and Still File a Lawsuit?

Under New York law, injured workers typically receive benefits through the Workers’ Compensation system, governed by the New York Workers’ Compensation Law § 11. This statute provides the exclusive remedy against an employer for injuries sustained on the job. However, if a third party, someone other than the direct employer, was negligent, the worker may still pursue a personal injury lawsuit against that party.

In Dole v. Dow Chemical Co., 30 N.Y.2d 143 (1972), the New York Court of Appeals allowed Dow Chemical to pursue a third-party indemnity claim against the decedent’s employer, George Urban Milling Co., after an employee died from exposure to methyl bromide. The Court moved away from the rigid “active-passive” negligence standard and held that indemnity or partial reimbursement should be based on each party’s degree of fault. The decision clarified that Workers’ Compensation Law § 11 does not bar a third-party defendant from being held responsible if its negligence contributed to the injury. The Court emphasized that such claims are independent of the employee’s original action and permitted apportionment of fault among tortfeasors, marking a shift in New York tort law toward equitable loss distribution.

If your injury was caused by a party other than your employer, such as a property owner, general contractor, crane manufacturer, or maintenance provider, you may be entitled to file a personal injury claim. Consult an experienced New York crane accident lawyer to determine whether you have the right to pursue damages beyond workers' compensation.

What Damages Can You Recover in a Crane Accident Lawsuit?

Victims of crane accidents may be entitled to far more than what workers' compensation offers. While workers' comp provides medical coverage and partial wage replacement, it does not compensate for pain, suffering, or long-term effects on your quality of life. If a third party is found legally responsible for the accident, a personal injury or wrongful death lawsuit may allow for full recovery of your losses.

For injured workers, damages in a personal injury lawsuit may include:

  • Past and future medical expenses: This includes emergency treatment, surgeries, physical therapy, medication, and any ongoing or future care related to your injuries.
  • Lost income and reduced earning capacity: You may be compensated not only for wages you have already lost, but also for future income you are unlikely to earn due to long-term disability or job loss.
  • Pain and suffering: Physical pain, emotional trauma, anxiety, and mental anguish related to the crane accident are recoverable damages.
  • Permanent disability: If the accident results in permanent injuries such as paralysis or loss of function, you may be awarded damages based on the lifelong impact.
  • Disfigurement: Visible scars or changes to appearance can lead to compensation, especially when they affect self-esteem, social interaction, or employment.
  • Loss of enjoyment of life: If you can no longer participate in hobbies, sports, or family activities as you did before the accident, you may be entitled to damages for this loss.

In tragic cases where a crane accident results in death, New York law allows the personal representative of the deceased’s estate to bring a wrongful death lawsuit. The goal is to recover losses experienced by surviving family members due to the unexpected death of their loved one. Wrongful death damages may include:

  • Funeral and burial costs: These expenses are typically recoverable by the estate.
  • Lost financial support: If the deceased had been supporting dependents, the lawsuit may recover the income and benefits that would have been provided over their expected lifetime.
  • Loss of parental guidance and services: Minor children may receive compensation for the loss of a parent’s nurturing, instruction, and emotional support.
  • Conscious pain and suffering before death: If the deceased experienced pain prior to death, these damages may be recovered. In Gonzalez v. New York City Housing Authority, 77 N.Y.2d 663 (1991), the New York Court of Appeals affirmed that damages for conscious pain and suffering are available when there is proof the decedent was conscious before death. Although this is not a crane accident case, it represents controlling New York law on when such damages may be awarded. Maria Freire, age 76, was bound, gagged, and fatally assaulted in her apartment. Her grandchildren, who she had raised, sued for wrongful death and pain and suffering. The jury awarded $1.25 million for wrongful death and $1 million for conscious pain and suffering. The trial court reduced the awards to $100,000 and $350,000. The Court upheld the award, finding the decedent had been conscious during the attack and that her grandchildren suffered pecuniary loss due to her caregiving, support, and planned childcare.

What have been the verdicts and settlements for crane accident cases in New York?

  • $860 million jury award to the family of a woman who was killed in 2019 when a crane collapsed into her apartment during a storm. The jury found the developer negligent for failing to secure the crane against predicted severe weather.
  • $26 million jury award to a man who fell 20 feet through a hole at a Long Island City site in 2012 while working near a crane. The fall led to the amputation of his right leg after 10 surgeries.
  • $112 million settlement to victims of a 2019 crane collapse at a construction site that killed two people and injured three. The settlement followed findings of negligence by three construction companies involved in dismantling the crane.
  • $96 million jury award to the families of two workers killed in a New York City crane collapse. The crane’s owner was found grossly negligent for operating the crane despite knowing it was defective.
What Deadlines Apply to Crane Accident Lawsuits?

New York law imposes strict time limits on when you can bring a crane accident lawsuit. Missing these deadlines can permanently bar you from seeking compensation, no matter how strong your case is. It's important to understand the applicable statutes of limitations:

  • Personal Injury Lawsuits: You generally have three years from the date of the crane accident to file a personal injury lawsuit. This deadline is set by CPLR § 214(5). It applies to cases involving injuries such as fractures, spinal trauma, or amputations caused by crane-related incidents.
  • Wrongful Death Lawsuits: If a crane accident results in death, the decedent’s estate has two years from the date of death to bring a wrongful death claim, as provided in EPTL § 5-4.1. Only the personal representative of the estate may bring this action.
  • Claims Against Public Entities: If the accident involved a government agency (such as the NYC Department of Buildings or a municipal contractor), a Notice of Claim must be filed within 90 days of the incident. This requirement is outlined in General Municipal Law § 50-e. After the Notice is filed, the lawsuit must begin within 1 year and 90 days of the date of the accident, under General Municipal Law § 50-i. A court may, in limited cases, allow late filing of a notice of claim under GML § 50-e(5) based on specific factors like infancy or mental incapacity.

Because the deadlines are short and the rules for suing public entities are complex, it is critical to act quickly. An experienced New York crane accident lawyer can help you comply with these deadlines and preserve your right to compensation.

Frequently Asked Questions

Q. Can I sue if I was injured as a pedestrian or bystander in a crane accident?

A. Yes. If you were hurt while walking near a construction site or standing in a nearby building, you may still have a valid claim. Property owners, contractors, or crane operators may be liable for failing to protect the public.

Q. Can I sue the crane rental company if faulty equipment caused my injury?

A. Possibly. If a crane was leased and its poor condition contributed to the accident, the rental company may be held responsible. These claims are product liability cases and may involve defective equipment, poor maintenance, or failure to warn of known issues.

Q. Can I still recover damages if I was partially at fault?

A. Yes. New York follows a pure comparative fault rule, which means you can still recover compensation even if you were partly responsible for the crane accident. However, your total compensation will be reduced by the percentage of fault assigned to you. For example, if you are awarded $500,000 in damages but found to be 30 percent at fault, your recovery would be reduced by $150,000, and you would receive $350,000. Even if you are 90 percent at fault, you can still recover the remaining 10 percent from the other responsible parties.

Q. What role does insurance play in crane accident cases?

A. Insurance policies help cover the damages owed to victims. Contractors, owners, and equipment providers often have liability coverage. Your crane accident attorney in New York will investigate all available coverage to help you recover the full amount you are owed.

Contact Stephen Bilkis & Associates

If you or a loved one was seriously injured in a crane accident, you may be entitled to compensation for medical expenses, lost income, and other damages. Property owners, contractors, and other responsible parties have a legal duty to ensure cranes are properly maintained, operated, and secured. When they fail to meet these obligations, they can be held liable under New York law. An experienced crane accident attorney serving New York can help you identify responsible parties, evaluate your legal options, and take steps to recover the compensation you deserve. Do not delay, as strict deadlines apply to these claims.

Contact Stephen Bilkis & Associates today at 800.696.9529 to schedule a free consultation. We serve clients throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County

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