Dropped Tools
Hammers, drills, fasteners, power tools, and hand tools can fall from ladders, scaffolds, roofs, and upper floors.
New York Construction Accident Attorneys
New York Falling Object Accident Lawyer
A dropped tool, unsecured material, hoisted load, scaffold component, or piece of construction debris can cause catastrophic injuries in seconds.
Berkowitz & Weitz Law represents workers, pedestrians, and families affected by falling-object accidents throughout New York. Our attorneys investigate how the object was stored, secured, hoisted, moved, or allowed to fall and identify the parties that may be responsible.
No fee unless we recover
Confidential consultation
Serving injured New Yorkers
Millions RecoveredFor injured clients and families
Serious Injury FocusConstruction and catastrophic claims
Direct AttentionClear guidance throughout the case
No Fee Unless We WinContingency-fee representation
Falling Object Claims
Falling Objects Can Cause Life-Changing Injuries
Construction materials, tools, machinery, rigging components, and debris can fall from scaffolds, cranes, rooftops, upper floors, platforms, and open shafts.
These cases often involve more than one company and may require review of lift plans, securing methods, tool-tether policies, scaffold protection, storage practices, work sequencing, and site supervision.
✓
Immediate scene investigation
Photographs, video, incident reports, witness statements, and physical evidence.
Photographs, video, incident reports, witness statements, and physical evidence.
✓
Safety-record review
Lift plans, rigging logs, inspection records, tool policies, contracts, and daily reports.
Lift plans, rigging logs, inspection records, tool policies, contracts, and daily reports.
✓
Full damages analysis
Medical care, wage loss, future treatment, disability, pain, and life impact.
Medical care, wage loss, future treatment, disability, pain, and life impact.
Common Accident Types
What Can Fall on a Construction Site?
Falling-object claims are broader than crane accidents and may involve nearly any item that was stored, carried, hoisted, used, or left unsecured above workers or pedestrians.
Building Materials
Lumber, steel, concrete, bricks, glass, piping, drywall, and façade materials may fall when improperly stored or secured.
Hoisted Loads
Suspended materials may fall because of rigging failures, improper attachment, defective equipment, or unsafe lift planning.
Scaffold Components
Planks, braces, guardrails, fasteners, debris, and equipment can fall from unstable or poorly maintained scaffolds.
Objects Through Openings
Materials and tools may pass through unprotected floor openings, shafts, stairwells, or gaps in work platforms.
Crane and Rigging Components
Hooks, slings, shackles, boom components, counterweights, and suspended loads may cause catastrophic struck-by injuries.
New York Labor Law
Labor Law §240 and §241(6) May Apply
New York construction claims may involve overlapping statutes. The laws that apply depend on the work being performed, the object involved, the safety devices available, and why the object fell.
Labor Law §240
Labor Law §240 may apply to certain falling-object accidents when an object required securing for the work and an appropriate safety device was absent, inadequate, improperly placed, or failed. The law does not apply automatically every time an object falls.
Labor Law §241(6)
Labor Law §241(6) may apply when a specific and applicable Industrial Code regulation was violated and contributed to a construction, demolition, or excavation accident.
For a broader overview of construction claims, visit our New York construction accident lawyer page.
Potentially Responsible Parties
More Than One Company May Be Responsible
An injured worker’s direct employer is generally protected from an ordinary personal injury lawsuit by workers’ compensation exclusivity, subject to limited exceptions. Claims may still be available against qualifying third parties.
Property Owners
Owners may have duties under New York Labor Law depending on the project and accident.
General Contractors
General contractors may be responsible for coordination, sequencing, site safety, and statutory duties.
Construction Managers
A construction manager may qualify as a statutory agent or bear responsibility for unsafe project conditions.
Subcontractors
A subcontractor may have created the hazard, failed to secure materials, or controlled the work that caused the object to fall.
Crane and Rigging Companies
Unsafe lifts, defective rigging, improper load control, or poor communication may create liability.
Manufacturers and Equipment Companies
Defective hooks, slings, hoists, fasteners, containers, or other products may contribute to the accident.
Common Injuries
Falling Objects Can Cause Catastrophic Harm
Even a relatively small object can cause devastating injuries when it falls from a significant height.
Traumatic Brain Injuries
Head trauma may affect memory, cognition, speech, behavior, mobility, and employment.
Spinal Cord Injuries
Damage to the spinal cord can cause paralysis, chronic pain, and long-term care needs.
Skull and Facial Fractures
Falling materials can cause complex fractures, vision loss, nerve damage, and disfigurement.
Crush Injuries
Heavy objects may damage muscles, nerves, blood vessels, internal organs, and limbs.
Neck and Back Injuries
Struck-by trauma may cause herniated discs, fractures, nerve injury, and chronic pain.
Amputations
Severe crush trauma may require surgical amputation or cause traumatic limb loss.
Internal Injuries
Internal bleeding and organ damage may require emergency surgery and intensive care.
Wrongful Death
Families may have legal options after a fatal falling-object or construction accident.
Evidence
What Evidence Can Strengthen a Falling-Object Claim?
Prompt preservation can be critical because the object may be removed, discarded, repaired, or returned to service shortly after the accident.
Scene Photographs and Video
Images of the object, location, elevation, storage area, scaffold, crane, opening, and surrounding conditions.
Incident and Witness Records
Accident reports, coworker statements, supervisor notes, emergency records, and available surveillance video.
Lift and Rigging Documents
Lift plans, load charts, sling inspections, hook records, signal-person information, and rigging documentation.
Tool and Material Policies
Tool-tether rules, debris-control procedures, storage plans, housekeeping records, and protective-canopy requirements.
Contracts and Safety Records
Project contracts, safety plans, daily logs, inspection records, training materials, and OSHA-related documents.
Medical and Wage Proof
Medical records, bills, disability documentation, payroll records, union benefits, and evidence of future losses.
Compensation
What Damages May Be Available?
A successful third-party claim may provide compensation for losses that workers’ compensation does not fully cover.
Medical Expenses
Emergency care, hospitalization, surgery, rehabilitation, medication, and future treatment.
Lost Income
Past wages, employment benefits, reduced earning capacity, and future income loss.
Pain and Suffering
Physical pain, emotional harm, disability, and loss of enjoyment of life.
Future Care
Therapy, home care, medical equipment, modifications, and long-term assistance.
Permanent Disability
Compensation for lasting impairment and its effect on work and independence.
Wrongful Death Damages
Potential recovery for financial losses and other damages available to eligible family members.
How We Build the Case
A Structured Investigation From Day One
Initial Review
We examine how the object fell, the work underway, and urgent deadlines.
Evidence Preservation
We seek the object, photographs, video, reports, records, and witness information.
Liability Analysis
We evaluate each company’s role, contracts, safety duties, and potential responsibility.
Damages Development
We document treatment, wage loss, future needs, disability, and life impact.
Negotiation or Trial
We pursue a fair result and prepare to litigate when necessary.
Do Not Wait to Protect Critical Evidence
The object may be removed, discarded, repaired, or returned to service. Video can be overwritten and witnesses may leave the project. Early legal action can help preserve what is needed to prove the claim.
Related Construction Claims
Learn More About Related New York Construction Accidents
Construction Accidents
Overview of claims involving unsafe jobsites, contractors, equipment, and Labor Law violations.
Crane Accidents
Claims involving crane collapses, dropped loads, rigging failures, unsafe lifts, and equipment defects.
Scaffold Accidents
Representation for workers injured by unstable scaffolds, missing protection, or falling scaffold materials.
Fall From Height Accidents
Claims involving ladders, roofs, platforms, openings, scaffolds, and elevated work areas.
Labor Law §240
Learn when elevation-related protections may apply to falling-object and gravity-related accidents.
Labor Law §241(6)
Learn how specific Industrial Code violations may support a construction accident claim.
Frequently Asked Questions
New York Falling Object Accident FAQs
Who may be responsible for a falling-object accident?
Potentially responsible parties may include property owners, general contractors, construction managers, subcontractors, crane and rigging companies, equipment providers, and manufacturers. Responsibility depends on the work, the object, the project relationships, and why the object fell.
Does Labor Law §240 apply whenever an object falls?
No. Labor Law §240 may apply to certain falling-object accidents when the object required securing for the work and an appropriate safety device was absent, inadequate, improperly placed, or failed. The facts and accident mechanism matter.
Can I bring another claim if I receive workers’ compensation?
Potentially. Workers’ compensation may provide benefits through the employer, while a separate third-party claim may be available against an owner, contractor, equipment company, or another responsible entity.
What should I do after being struck by a falling object?
Seek medical care, report the accident, photograph the object and scene when possible, identify witnesses, preserve documents, avoid guessing in recorded statements, and speak with an attorney promptly.
How long do I have to file a claim?
Many New York personal injury claims are subject to a three-year limitation period, but shorter deadlines may apply when a municipality, public authority, or other government-related entity is involved. Workers’ compensation and insurance claims have separate deadlines.
How much is a falling-object accident case worth?
There is no fixed formula. Value depends on liability, the severity and permanence of the injuries, medical costs, lost income, future care, insurance coverage, and the effect of the accident on the injured person’s life.
Free Consultation
Speak With a New York Falling Object Accident Lawyer
Contact Berkowitz & Weitz Law to discuss what happened, the parties that may be responsible, and the steps needed to protect your claim.