Defending Clients in Construction Accident Cases
In many states, owners and contractors can be held strictly liable for accidents that occur on their construction sites. Strict liability is punitive in nature and often allows an injured worker to recover judgments from companies that have not committed any wrongdoing.
The attorneys in Kaufman Dolowich’s General Liability Practice regularly defend clients in construction accident cases. Our attorneys have an intimate understanding of the state-specific statutes governing construction site accidents, and they have vast experience working with clients in all segments of the construction industry. Our lawyers represent general contractors, construction managers, subcontractors, independent contractors, building/property owners and other parties in a broad scope of construction site accident cases, including accidents involving:
- Falls from, and collapse of, equipment used at elevated heights including ladders, scaffolds, sidewalk sheds/bridges, and roofs
- Falls through holes in the floor and floor collapses
- Falling equipment, debris, and material from elevated heights
- Slips, trips, falls at construction sites
- Heavy machinery injuries
- Hoist and hoist complex injuries
- Defective and dangerous equipment
- Burns and explosions
- Other workplace accidents
Navigating Complex Relationships and Responsibilities
Construction accident cases involve complicated legal and factual issues regardless of where they arise. As a result, achieving favorable outcomes requires a team of attorneys who are experienced in handling these high-exposure liability matters. Our attorneys are familiar with construction site accident cases and the complex relationships that exist between property/building owners, general contractors, construction managers, and subcontractors. An accident at a construction site will typically trigger a chain of events, with parties disagreeing over who is responsible for the happening of the accident, defending against the claim(s), and exposed to the potential verdict or judgment that will compensate the injured worker.
In many cases, the contractual relationships between the parties will dictate liability and payment of the cost of defense including attorneys’ fees. The attorneys at Kaufman Dolowich are skilled in interpreting these relationships and have had significant success compelling parties and/or their insurance carriers to step up and accept liability for construction site accidents. While our firm defends all parties, including property owners, general contractors, construction managers, and subcontractors, our attorneys have been particularly successful in helping owner and general contractors shift liability to subcontractors both in and out of court.
While we attempt to resolve all cases as early in the litigation process as possible, our lawyers are trained litigators who are more than capable of defending our clients at every stage of the litigation process. When a construction site accident occurs, a general liability defense attorney at our firm will analyze the accident claim, investigate the incident, and preserve and seek evidence. This attorney may also rely on liability experts, accident reconstructionist, and other professionals in the construction industry to determine whether a violation that triggers liability has occurred. When necessary, our lawyers also consult with and retain economists, vocational rehabilitation specialists, and life care planners to evaluate and assess potential damages. In every case, Kaufman Dolowich attorneys work to build a strong defense that protects our clients’ interests and minimizes their exposure to liability.
Of Counsel | New York, NY | |
Of Counsel | San Francisco, CA | |
Attorney | Woodbury, NY | |
Attorney | White Plains, NY | |
Partner | Woodbury, NY | |
Attorney | New York, NY | |
Partner | Hackensack, NJ | |
Partner Co-Chair of the Cannabis Law Practice Group |
Woodbury, NY | |
Of Counsel | White Plains, NY | |
Attorney | ||
Partner | White Plains, NY | |
Of Counsel | Westport, CT , White Plains, NY | |
Of Counsel | Hackensack, NJ | |
Attorney | New York, NY | |
Of Counsel | Woodbury, NY | |
Partner | White Plains, NY | |
Partner Chair of the General Liability Defense Practice Group Co-Chair of Kaufman Dolowich's Women’s Initiative |
Woodbury, NY | |
Co-Managing Partner of New Jersey OfficeChair of Maritime Practice Group | Hackensack, NJ , Bloomfield Hills, MI |
- Richards of KD Named General Counsel for STA board, New York Real Estate Journal Daily Newsletter, October 5, 2021 - Oct 18, 2021
- Questionable Design, Construction Practices likely Contributed to Surfside Condo Collapse, Construction Dive, quoted Megan Yllanes, Oct. 1, 2021 - Oct 1, 2021
- Is the Pendulum Swinging Toward Defendants on New York Labor Law Claims? Insurance Journal - Feb 4, 2020
- First and Second Departments Differ on Issue of Workers Injured While on Break or Entering/Exiting a Construction Site, New York Law Journal - Apr 22, 2019
- 3rd Annual Insurance in the Construction Industry Seminar – August 13-14, 2019 - Mar 11, 2019
- The 2019 West Coast Casualty Construction Defect Seminar – Joe Miele Presenting – May 9-10, 2019 - Mar 11, 2019
- Owner’s due diligence on contractor’s insurance coverage shouldn’t end at the project’s completion, NYREJ - Nov 19, 2018
- Kaufman Dolowich Expands Its Construction Accident Practice With Addition of Eight Attorneys in New York - Aug 17, 2017
Awards & Honors
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