At The Law Offices of Darren T. Moore, our New York City falling object injuries lawyer fights for workers, pedestrians, and bystanders hurt by falling objects across the five boroughs. New York City is one of the most densely built urban environments in the world, with thousands of active construction sites, aging facades, and high-rise buildings at any given time. OSHA identifies struck-by incidents, including falling objects, as one of the Fatal Four leading causes of construction worker deaths. These accidents account for roughly 8% to 10% of all construction fatalities each year.
New York Labor Law Section 240 and premises liability law give falling object victims powerful legal tools. These cases require attorneys with specific experience in New York law and construction accident litigation. If a falling object struck you or a loved one, contact us today for a free case evaluation.
We take an aggressive approach to every falling object case. The Law Offices of Darren T. Moore holds negligent property owners, general contractors, and building managers fully accountable for the harm caused by falling object incidents. We pursue every dollar of compensation our clients deserve.
We handle a wide range of falling object cases across New York City, including:
Labor Law Section 240 provides absolute liability protections for injured construction workers. Premises liability law protects pedestrians and bystanders struck by falling objects from buildings. We are committed to justice for every victim of a falling object injury we represent.
New York law provides two primary legal frameworks for victims of falling objects. Labor Law Section 240 covers construction workers on active job sites. Premises liability covers pedestrians, bystanders, and building occupants struck by objects falling from buildings or other structures.
The Scaffold Law, Labor Law 240, covers more than just falls from heights. It also covers injuries caused by falling objects on construction sites. This includes tools, building materials, scaffolding components, and debris that strike workers below. The law places absolute liability on property owners and general contractors. You do not need to prove negligence when this protection applies. The full text of Labor Law § 240 on the New York State Senate website details the scope of these protections.
The key requirement is that the object must have been in the process of being hoisted or secured. It may also qualify if it posed a foreseeable gravity-related risk at the time of the incident. This makes Labor Law Section 240 one of the most powerful tools for injured construction workers in New York. Workers can pursue a third-party claim under this law even while receiving workers' compensation benefits.
When a falling object injures a pedestrian, bystander, or building occupant, premises liability law applies rather than the Labor Law. Property owners have a duty to maintain safe building facades, signage, scaffolding enclosures, sidewalk sheds, and overhead structures. NYC's Local Law 11 Façade Inspection & Safety Program requirements play a key role in these cases.
The table below shows how the two legal frameworks compare for falling object injury victims:
| Legal Framework | Who It Protects | Liability Standard | Key Requirements |
|---|---|---|---|
| Labor Law Section 240 (Scaffold Law) | Construction workers on active job sites | Absolute liability on building owners and general contractors | Object must involve a gravity-related risk during covered construction work |
| Premises Liability | Pedestrians, bystanders, building occupants, neighboring property owners | Negligence; must prove the owner knew or should have known of the hazard | Must show duty of care, breach, notice, and causation |
Building code violations, failed Occupational Safety and Health Administration safety inspections, and ignored maintenance issues all strengthen a premises liability claim. We investigate every angle to build the strongest case for our clients.
Falling object accidents take many forms across NYC. The type of object, the location, and the cause of the fall all affect who is liable and what legal theory applies. Below are the most common scenarios we see in our practice.
Construction sites account for the highest volume of falling-object injuries in New York. The most common types include:
Hard hats and overhead protection reduce some risk, but they cannot prevent all falling object injuries. The construction industry must follow strict occupational safety and health protocols set by OSHA. When these rules are violated, injured workers have strong grounds for a construction accident personal injury lawsuit.
Outside of construction sites, falling objects from buildings pose a serious risk to pedestrians in New York City. Common scenarios include:
Building owners must comply with NYC sidewalk laws and Local Law 11 facade inspection rules. Failure to maintain a safe exterior creates liability for any injuries that result. Pedestrians injured by falling debris while walking on a New York City sidewalk may have strong grounds for a premises liability claim. We pursue these claims through premises liability and, where applicable, building code violations.
Falling objects cause some of the most severe injuries in personal injury law. The force of an object falling from even a moderate height can be devastating. Common falling object injuries include:
Workers or pedestrians who sustain a traumatic brain injury from a falling object may face lasting cognitive impairments that dramatically increase the value of their claim. The severity of these injuries drives the value of a falling object case. Medical bills, lost wages, future medical expenses, and pain and suffering all factor into your compensation. We work with medical experts and accident reconstruction specialists to document the full scope of harm.
Who is liable if a falling object strikes me on a NYC construction site?
Under Labor Law Section 240, property owners and general contractors are held absolutely liable for injuries from falling objects on construction sites. This applies regardless of how the accident occurred.
Can a pedestrian struck by a falling object in NYC sue the building owner?
Yes. Building owners have a duty to maintain safe facades and overhead structures. A pedestrian struck by falling debris may pursue a premises liability claim for damages. The insurance company of the building owner typically handles the defense.
What types of falling objects are covered under New York Labor Law Section 240?
Tools, building materials, scaffolding components, debris, and other objects being hoisted or requiring securing on a construction site are covered. The object must pose a gravity-related risk that causes injury to a construction worker.
Can I file a lawsuit for a falling object injury if I already received workers' compensation?
Yes. A third-party claim under Labor Law Section 240 is separate from workers' compensation benefits. You can pursue both at the same time for a greater total recovery.
How long do I have to file a lawsuit for a falling object injury in New York?
You generally have three years for personal injury claims under the statute of limitations. Claims involving government-owned property require a notice of claim within 90 days. Learn more about filing deadlines for injury lawsuits in New York. Contact our injury attorneys right away to protect your rights.
Does The Law Offices of Darren T. Moore handle falling object cases on contingency?
Yes. We charge no upfront fees. We only collect legal costs if we recover compensation on your behalf through a settlement or a trial verdict.
The Law Offices of Darren T. Moore is committed to recovering full compensation for construction workers, pedestrians, and bystanders injured by falling objects across New York City. We also serve clients in Westchester County, White Plains, Mount Vernon, Port Chester, and East Post Road. Whether you were injured on a construction site in the Bronx or struck by debris in Manhattan, our construction accident lawyers have a deep command of both New York Labor Law and premises liability.
We offer a free case evaluation and handle every case on a contingency-fee basis. You pay nothing unless we recover compensation on your behalf. Whether your NYC falling object case involves a construction site tool drop, a facade collapse, or an unsafe construction site accident, we are ready to fight for you. Our New York personal injury attorneys handle every step of the process from investigation through verdict and settlement.
Do not wait to take legal action. Strict filing deadlines apply to falling object claims in New York. Early legal action protects all available rights and preserves critical evidence, including surveillance camera footage and safety inspection records. If your accident occurred on a slip and fall or struck-by incident in Brooklyn or anywhere in the five boroughs, call The Law Offices of Darren T. Moore today, send us an email, or submit the online contact form. The sooner we investigate, the stronger your case will be.
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