Home -> Law Blog Directory -> Personal Injury Law Blogs -> New York Medical Malpractice Blog

Personal Injury Law

: New York Medical Malpractice Blog

$50 NYLON STRAP FAILURE LIKELY CAUSED NYC CRANE COLLAPSE CAUSING 7 DEATHS

By Gerry Oginski

The New York Times reported today that the suspected cause of the horrendous crane collapse in New York City on Saturday, March 15, 2008, was a failure of a $50 nylon strap.

"A prime suspect in Saturday's East Side crane collapse - a spectacular disaster across two Manhattan blocks that has now claimed seven lives and is expected to cost untold millions - is a $50 piece of nylon webbing that investigators suspect may have broken while hoisting a six-ton piece of steel."

The Times reported that investigators believe the accident occurred as workers were trying to install a massive square steel collar around the crane's tower. They were using a series of winches that appeared to have been hung from nylon slings attached to a higher portion of the tower. The collar was to have been attached to the building by steel struts to give the tower added stability.

From a legal standpoint, who is responsible for the devastation, destroyed lives and property that resulted from this crane collapse?

The first in line, is the property owner. They hired contractors to build. Second is the general contractor who was hired to build the building. The contractor then hired sub-contractors to actually perform the work. Sub-contractors would include engineers, architects, trades including heating, ventilation, air-conditioning, plumbing, electricians, welders, roofers, crane companies, debris and garbage removal.

In a lawsuit involving a construction accident, typically the owner, the "G.C.," also known as the general contractor and individual sub-contractors are named as defendants. The investigation that takes place following a terrible accident is crucial to determining the root cause of the crane collapse. In this case there are a number of agencies and companies trying to determine quickly what caused the crane to self-destruct.

Why is it important to know the cause of the crane collapse? For liability purposes of course. That's the only way the injured victims and their families can be properly compensated for the senseless death and tragedies that have occurred. However, when a huge crane collapses in the middle of Manhattan, causing havoc, devastation and death, there are many concerned parties. Here's a perfect example: Mayor Mike Bloomberg was reported to have said that the company doing construction, having been cited for over 30 code violations, is not unusual, and not related to the cause of the collapse. Other agencies and politicians have questioned the buildings department for failing to properly police and oversee construction in New York City. Politicians love to point fingers at others after every tragedy. Despite gaining some publicity for the politicians, it does nothing to further the analysis of what caused the collapse.

In a construction accident lawsuit, most of the people sued point fingers at each other as well. The owner says he had nothing to do with purchasing the nylon strap holding the equipment. Look to the general contractor. The general contractor says he had nothing to do with what happened- it was the sub-contractor, the crane company. The crane company said it was a piece of steel that fell, shearing the support from the building.

These are typical defenses used not only by defense lawyers but also by the people involved in the construction. It is rare that a culpable party will come forward and say "I'm sorry, I did it."

How then does an experienced lawyer proceed with a case representing injured victims and families that were crushed by this crane? There are specific laws that address construction accidents that help injured victims prevail in some cases. In other cases, the facts of exactly who did what makes the case. Sometimes, we are able to show a particular company did not properly conform to construction standards when doing their work, thereby causing an irreversible chain of events leading to injury and death.

The key to recovering proper compensation is having an experienced New York injury lawyer guide you through the legal minefield. Make sure you ask lots of questions about any lawyer you meet with including their experience; who will be working on your case (the junior associate or the senior trial lawyer); and what information can they provide to you about cases like yours. Being an informed legal consumer is the best thing you can do.

For the full New York Times story go to http://www.nytimes.com/2008/03/18/nyregion/18crane.html?_r=1&ref=nyregion&oref=slogin

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry's website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there's something for you. See Gerry's website at http://www.oginski-law.com. Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry's free instructional videos on malpractice & accident law.

Full post as published by New York Medical Malpractice Blog on March 18, 2008 (boomark / email).