February 8, 2025

Construction Accidents in NYC: Who’s Liable When a Pedestrian is Injured?

New York City’s bustling construction industry, while essential for growth and infrastructure, poses risks for pedestrians navigating around active sites. Construction accidents involving pedestrians can lead to serious injuries, and determining liability is often a complex process involving multiple parties and strict safety regulations. This guide explores who may be held accountable when a pedestrian is injured near a construction site in NYC.


Hand of builder worker injury bleeding, accident in work, Using construction power tools unsafe and negligence with first aid team support at construction site. Selection focus on power tools.

Common Causes of Construction Accidents Involving Pedestrians

Construction sites are filled with potential hazards, and accidents can occur due to:

  • Falling objects from scaffolding or structures
  • Unsafe barriers between the site and public walkways
  • Unsafe conditions such as debris or uneven surfaces
  • Negligence in following safety protocols
  • Safety violations, including failure to comply with New York labor laws

These incidents can result in severe injuries, including head trauma, broken bones, and other life-altering conditions.


Who Is Liable in a Pedestrian Construction Accident?

Liability for construction site accidents depends on several factors, including who was responsible for maintaining safety at the time of the incident. Here are the potential liable parties:

General contractors

General contractors bear significant responsibility for ensuring that the construction site is safe for workers and pedestrians. This includes implementing proper safety measures and complying with state and federal safety regulations. If a general contractor fails to take necessary precautions, they may be held liable for pedestrian injuries.

Property owners

Under New York law, property owners have a duty to maintain a safe environment on and around their property. If the property owner failed to address known hazards or ensure the construction site met safety standards, they could bear responsibility for the accident.

Construction companies and subcontractors

Construction companies and subcontractors involved in the construction project may share liability, especially if their negligence caused unsafe conditions. For example, a subcontractor’s failure to secure materials or properly train workers could lead to pedestrian injuries.

Equipment manufacturers

In cases where a manufacturing defect in equipment contributed to the accident, the equipment manufacturer may be held accountable under product liability laws.

The City of New York

The City of New York may bear responsibility for construction accidents if the site involved municipal projects or public property. However, filing a claim against the city often requires strict adherence to procedural rules, such as filing a notice of claim within a specific timeframe.


Proving Liability in a Construction Accident Case

To recover compensation, injured pedestrians must prove liability by demonstrating:

  1. A dangerous condition existed at the construction site.
  2. The responsible party failed to take reasonable steps to prevent the accident.
  3. This failure was a substantial factor in causing the pedestrian’s injuries.

Evidence such as photographs of the accident scene, witness statements, and safety inspectors’ reports can strengthen a pedestrian’s claim.


Applicable Laws in New York Construction Accident Cases

Several laws and regulations govern construction site safety and liability in New York:

  • Labor Law Section 200 requires contractors and property owners to provide reasonable protection for all individuals at or near the site.
  • Labor Law Section 240 (Scaffold Law) protects workers and pedestrians from gravity-related accidents, such as falling objects.
  • Labor Law Section 241 imposes additional safety requirements on construction sites.

Compensation for Injured Pedestrians

Pedestrians injured in construction accidents may recover compensation for:

  • Medical expenses, including hospital stays and rehabilitation
  • Lost wages due to time missed from work
  • Pain and suffering caused by physical injuries and emotional distress
  • Future medical costs or diminished earning capacity in cases of severe injuries

How an Experienced Construction Accident Attorney Can Help

Navigating the legal complexities of a construction site accident requires skilled legal representation. An experienced attorney can:

  • Investigate the accident to identify all negligent parties
  • Gather evidence to build a strong case
  • Handle negotiations with insurance companies
  • Pursue maximum compensation for medical bills, lost wages, and other damages

Take Action After a Construction Accident

If you or a loved one has been injured as a pedestrian near a construction site in New York City, understanding your legal rights is crucial. Call Greenstein & Pittari, LLP at (800) 842-8462 to schedule a free consultation. You can also reach us through our contact page. Our experienced attorneys are dedicated to helping you recover fair compensation and hold negligent parties accountable.


FAQs About Pedestrian Injuries and Construction Accidents

Who is responsible if I’m injured near a construction site?

Liability may rest with the general contractor, property owner, construction company, or equipment manufacturer, depending on the circumstances of the accident.

What should I do if I’m injured near a construction site?

Seek medical treatment, document the accident scene, gather witness information, and consult an attorney experienced in construction accident cases.

Can I sue the City of New York for a construction-related injury?

Yes, but claims against the city require filing a notice of claim within 90 days of the accident.

What damages can I recover after a construction accident?

You may recover compensation for medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.

How long do I have to file a claim after a construction accident?

In most cases, you have three years from the date of the accident to file a personal injury claim. Claims against the City of New York, however, have shorter deadlines.

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