Articles Posted in Construction, Industrial and Workplace Accidents

According to a Syracuse.com article titled “Syracuse Jury Awards Injured Roofer $2 Million For Fall From Binghamton Dorm Project,” on October 26, 2012, a Syracuse jury deliberated for more than three hours before awarding David Stauber $2,007,658 for injuries he sustained in June of 2010. Mr. Stauber was represented by Syracuse construction accident lawyer Aaron Ryder, of Bottar Law, PLLC.

In June of 2010, Mr. Stauber was employed by Apple Roofing. He was installing a roof at a Binghamton University dormitory project when, suddenly and without notice, the platform from which he was working collapsed and he fell approximately 60 feet to the ground. The central New York scaffolding accident caused a traumatic brain injury and other orthopedic injuries.

Before trial, the general contractor, LeChase Construction, conceded liability for the accident. During the week long damages trial, Ryder called a number of the plaintiff’s treating physicians who testified that he sustained a brain injury with sequela including post-traumatic stress disorder, as well as a severe elbow injury. Representing LeChase, attorney Lisa Coppola from the 35 attorney law firm of Rupp Base Pfalzgraf Cunningham & Coppola, LLC, argued that Mr. Stauber sustained minor and temporary injuries as a result of the five story fall.

According to Syracuse ladder accident attorney Michael A. Bottar, Esq., of Bottar Law, PLLC, “hundreds of ladder accidents happen every year despite OSHA regulations that require companies to make ladders safe for construction workers to use.” Some of those regulations are discussed in our recent release titled Syracuse Ladder Accident Lawyers Discuss New York Construction Site Fall and OSHA Injury Statistics.

A shocking 127 people died in 2009 due to falling of a ladder. That number rose to 129 in 2010. Fortunately, a ladder accident that occurred yesterday on Old Liverpool Road in the Town of Salina, did not result in a fatality.

Even so, worker Richard Coe was badly injured. Syracuse.com reports that Coe, 49, fell approximately twenty-five (25) feet to the ground when the aluminum ladder he was working from tipped over. Coe, who was employed by Landmark Constracting & Development Co., sustained a traumatic head injury and back injury. OSHA and Syracuse construction accident lawyers will be investigating the accident.

A Syracuse man died yesterday after falling into a hydro-turbine. On Monday, July 8, 2011, Wave Hydroelectric, LLC co-owner Jon C. Stranburg fell off of a walkway and into the turbine water tank below. Because the turbine was running, Stranburg was pulled below the surface of the water. According to Syracuse.com, the turbine’s braking system malfunctioned.

In the State of New York, a worker cannot sue his or her employer for lost wages or pain and suffering unless he or she suffers a “grave injury.” According to section 11 of the Workers Compensation law, a “grave injury” is defined as a “death, permanent and total loss of use or amputation of an arm, leg, hand or foot, loss of multiple fingers, loss of multiple toes, paraplegia or quadriplegia, total and permanent blindness, total and permanent deafness, loss of nose, loss of ear, permanent and severe facial disfigurement, loss of an index finger or an acquired injury to the brain caused by an external physical force resulting in permanent total disability.”

By definition, the tank Stranburg fell into is a “confined space.” A confined space is an area that limits the way a worker can enter or exit the space. Confined spaces are not intended for continuous occupancy.

“More than 400 construction accidents occur every day,” said Syracuse work injury lawyer Anthony S. Bottar, Esq., of Bottar Law, PLLC. “Aggressive deadlines and tight budgets often lead general contractors and property owners to cut corners. Unfortunately, many of these accidents are preventable.”

Last Wednesday, a Binghamton construction accident led to traffic delays on the Vestal parkway, near the main entrance to Binghamton University. At or about 7:30 a.m., a construction worker was driving an excavator when the arm of the machine struck and severed a utility pole. The pole fell to the ground and downed a Time Warner Cable fiber optic line. Fortunately, no one was injured.

This was not the case with the June 3, 2010 Binghamton scaffolding collapse discussed in our entry titled Syracuse Work Injury Lawyer Consulted On Binghamton New York Construction Accident Liability.

“In this instance, the workers were lucky,” said New York personal injury lawyer Michael A. Bottar, Esq. “Not everyone is. We recently represented a man who was strapped to a utility pole when it broke and fell to the ground. His pelvis was crushed in the fall. While we were able to recover $1,700,000.00 for him, he is now permanently, totally disabled. He will never be the same.”
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“For nearly three decades, Bottar Law, PLLC has represented people throughout the State, like 27 year old Erin Freitag, who have been injured by a municipal employee,” said Syracuse personal injury lawyer Michael A. Bottar, Esq. “Sometimes municipal employees are negligent, usually by failing to properly maintain a roadway (leading to an accident), or for failing to timely remove snow/ice accumulation but, from time-to-time, we are asked to represent people involved in an incident with a municipal dump truck, garbage truck, plow or piece of heavy equipment.”

According to the Watertown Daily Times, Ms. Freitag was walking through an Elm Street parking lot on March 18, 2011 when she was run over by the back tires of a Potsdam Department of Public Works front loader. Whether the Village DPW is liable for Ms. Freitag’s injuries will depend on how the accident occurred. Even if media reports suggesting that Ms. Freitag was distracted are true, that does not mean that the Village does not owe her a duty of care.

“Anyone can make a mistake at any time,” Bottar added. “Even an employee with a perfect safety record. Years ago, we represented a woman who was run over by a street sweeper. She was, literally, sucked-up into the machine. True story! When municipal employees finally found her inside the street sweeper bin, she was badly injured. That employee had a good safety record, but the woman should not have been run-over.”
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