Monthly Archives: October 2012

Florida Construction Injury Lawyer: Serious Injury Avoided After Construction Truck Accident

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Brandon Stein

By: Brandon Stein

Typically, construction accidents occur causing injury on the actual site itself.  However, the scope of a construction site accident can perhaps be extended to outside of the construction site.  After a person is injured at or near the construction area, more times than not, fault falls on the shoulders of the construction company in charge of overseeing the site.

Yet, an accident may be categorized as a construction site accident even if construction had not yet begun or was not ongoing at the time of the injury.  Being a Pembroke Pines personal injury lawyer that sues construction companies for construction site accidents, expanding the scope of supervision of a construction area can force companies to incur liability even before construction equipment is on the site.

Early yesterday morning on route 495 in Massachusetts, a 10-wheel construction dump truck was on the way to its construction site when it collided with a large tractor trailer traveling on the highway. This truck accident caused both fuel tanks to rupture and leak fuel all over the highway. Thankfully no one was injured from this truck accident, despite over 120 gallons of diesel fuel being spread across the highway.  Nevertheless, contractors from the construction site had agreed to clean up the spill on the highway.

As a Broward construction accident lawyer, one cannot help but think — if someone had been injured, would the construction company be responsible?  After all, contractors did agree to hire the company, Clean Harbors, to clean up that spill.  A common issue arising out of many construction injury cases that lawyers face is “causation.”  In other words, a Florida construction lawyer must always prove that the injury suffered was caused in some way by the construction company.  Other than injuries resulting from accidents on construction sites, it is certainly a difficult, but not impossible  task for a South Florida lawyer to prove fault of a construction company when the accident occurs off-site.

For questions on this issue or if you or someone you know was injured in a truck accident or construction site accident, please contact our Florida lawyers today.

Florida Construction Injury Lawyer: Overturned Crane at Madisonville Construction Site

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Brandon Stein

Arguably, the piece of construction equipment that requires the most experience and expertise is the crane. The Occupational Safety and Health Administration and other regulatory agencies set forth strict requirements for the operation of cranes in construction areas.  As a Hallandale personal injury lawyer that helps people injured in construction accidents, much of my practice is devoted to incidents involving cranes on construction sites.

Just yesterday, construction workers at a Madisonville, Kentucky, construction site nearly fell victim to a crane accident.  Construction had been ongoing at a local community college when a crane tipped over and could have trapped and crushed the workers on site.  According to reports, an apparent brake failure within the crane may have led to this accident on the construction site.

Moments before the construction accident, the crane had been stationed on a hill placing bricks when the brakes failed, sending the large crane rolling down the hill.  In fact, at the precise time when the accident occurred, the crane was positioned on the hill with no construction workers in the area — no one was even present to witness this crash.  Thankfully, no one was injured from this construction accident.

However, if a non-construction worker was injured from this crane rollover, then lawyers charged with helping those injured would have a field day litigating this case.  Being a South Florida construction injury lawyer, simply put, a multi-ton unattended crane was positioned on a hill with no supervision — that would be the case in a nutshell.  If an innocent bystander was injured as a result of this factual situation, then the construction company charged with the oversight of this construction area will have many questions that need to be answered.

For one, construction sites should never be unattended during work hours.  Yet, if the site has to be unattended for some reason, then the proper precautions must be taken in order to ensure the safety of those at or near the construction zone.  This especially holds true when a construction company is utilizing cranes and other high powered pieces of machinery.

If you or someone you know was injured, please contact our North Miami construction injury lawyers today.

By: Brandon Stein

Florida Construction Injury Lawyer: The Dangers of Nighttime Construction

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Brandon Stein

As a North Miami injury lawyer that helps victims of construction accidents on highways, it never ceases to amaze me how often tragedy strikes on the roadway. And every single time a person is injured in an accident, people are always shocked and wonder aloud how something like this could happen.  More times than not, when a person is injured, whether it be a construction employee injured while working on a job site or some lay person injured near a construction site, usually someone did something wrong that led to the accident.  The most recent tragedy occurred on a freeway in Santa Monica, California during the early morning hours when a construction worker was crushed and killed by a falling steel beam.

Highway construction had been ongoing since 2009, and according to reports, this construction site injury is the first major accident to occur.  The steel beam that took the construction worker’s life weighed well over one ton — even more scary is that fifteen co-workers witnessed this horrific accident.  Nevertheless, a transportation authority spokesperson assured the public that the construction would be ceased immediately until further safety tests and investigation is undertaken.

A key fact that must be noted is that this construction accident occurred during the nighttime/overnight shift hours, which certainly raises the question as to just how safe the working conditions are for construction being performed at night.  Certainly, many factors come into play during the course of nighttime construction.

For one, the workers are operating on an extremely limited amount of sleep, which leads to fatigue and perhaps careless or negligent work.  Also, inadequate resources may be available during nighttime construction, as opposed to work performed during daytime hours.  Not to mention, when performing construction to roadways at night, the number one risk that construction workers take out with them every time they clock in is the possibility of a serious car accident at the construction site. Tough to see at night, poor lighting, failure to abide by the traffic signals — these factors all lead to accidents causing serious injury, and sometimes even death.

At this point, it remains unclear as to whether this construction site accident resulted from nighttime construction and the various dangerous factors that come along with it. However, you can be certain of one thing — it is definitely a more dangerous task to perform construction during nighttime hours.

If you or someone you know was injured in a construction site accident or a car accident at or near a construction area, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Crane Accident Kills Construction Worker – OSHA Citations Handed Down

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Brandon Stein

A North Miami construction lawyer that helps injured construction workers must always be cognizant of the presence of the Occupational Safety and Health Administration (“OSHA”).  When litigating a case against a construction company for injuries suffered at a construction site, OSHA can be used as a powerful tool in negotiating a settlement or winning at trial.  Now keep in mind that OSHA only pertains to the enforcement of workplace safety — so if a non-employee was injured on a job site, then most likely OSHA will not play a significant role.  But for employees injured or killed in the line of work, violations levied by OSHA are often a precursor to a lawsuit against the offending construction company or employer.

Just last week, a New York construction company was fined $68,000 for violations stemming from an April 2012 construction site accident involving a crane crashing and killing a 30 year old construction worker.  This crane accident instantly took the life of the 30 year old worker. The OSHA citations had been directly related to violations of safety standards related to job site security and crane safety.

An OSHA director explained that the actions committed by the construction company constituted a disregard for “fundamental, vital and required safety policies.”  Ultimately, had the proper procedures and protocols been followed, this crane accident would have never occurred and the 30 year old construction worker would still be alive today.

The department of labor and OSHA set forth specific standards and guidelines for companies, including construction companies, to follow in order to ensure the safety of its employees.  When it comes to crane use, safety requirements are strictly enforced by OSHA and are expected to be followed.  In fact, to use a crane on a construction site the designated employee must be highly skilled and qualified to perform such a task. Simply stated, a crane is one of the most, if not the most, dangerous instrumentality utilized on a construction site.

To name a couple, some key components that OSHA sets forth that construction companies must follow are to ensure that cranes are only operated by qualified and trained personnel.  Additionally, a designated person must inspect the crane prior to use and be sure to follow the manufacturer’s directions for use.  Failure to follow these, or any of the other requirements, could certainly result in an OSHA violation — which no construction company wants on its record.

As a South Florida construction lawyer, many of my injured clients have benefited in their case from OSHA citations levied against construction companies.  While the existence of an OSHA violation does not guarantee liability or negligence of construction companies, it certainly does not hurt an injured construction worker’s chance of receiving damages and compensation for his or her loss.

If you or someone you know was injured in an accident at or near a construction site, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: 1 Killed and Several Hurt After Parking Garage Collapse in Miami

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Brandon Stein

As a South Florida lawyer that sues construction companies, my practice is not only devoted to helping injured construction workers.  Many injuries that occur at or near construction sites often involve the general public, also requiring the assistance of a lawyer.

Earlier this morning in Miami, Florida, a section of a parking garage collapsed and injured several people, while killing one.  The garage had serviced occupants of a local community college and was under construction, yet was still open despite construction.  According to reports, the collapse was so significant that it was a floor to floor collapse — essentially crumbled like a house of cards.  Witnesses to this parking garage collapse were shocked and commented that construction workers and others ran out of the garage screaming in a panic.  Of those injured and trapped within the rubble, some were taken to the hospital, some treated on the construction site, and one was unfortunately killed.

The Chief Executive Officer in charge of the construction project assured the public that the cause of the collapse will be investigated.  However, the CEO entertained the fact that the construction company would embrace any new policies, procedures, and protocols that would ensure safety.  Sadly, it took a catastrophic construction site accident causing injuries that brought about the need to “ensure safety” for those at the project site.

For those injured in this parking garage accident, the question remains as to who is responsible.  Without question, a finger must be pointed in the direction of the construction company charged with the maintenance and supervision of this project site. However, responsibility must also lie in the lap of the college and person in charge of managing the parking garage.

In Florida, lawyers are constantly maneuvering around the law in order to help their injured clients.  Florida law takes a position against those injured from car accidents in parking lots and garages.  Simply put, if you are injured in a car accident in South Florida, suing a parking garage or owner of a parking lot is simply not an option. However, Florida courts have specifically limited this to car accidents occurring in parking lots and parking garages — not parking garages that collapse.

Lawyers here in South Florida charged with helping the victims injured from this parking garage collapse in Miami have a number of entities to consider that are at fault.  The construction company certainly does not stand alone when determining liability.  Also, the school, along with the parking garage must be held responsible in some capacity for causing all of these injuries earlier today, including a death.

If you or someone you know was injured in a construction accident, including a parking garage accident, please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Electrocution or Severe Burn?

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Brandon Stein

Here in South Florida, much of my practice as a lawyer is devoted to construction injuries, as well as car accidents or other accidents occurring at or near construction areas.  A major component to construction is often times electrical hook-ups or connections. Once the construction is complete, those electrical connections are still present, but it is the responsibility of the contractor or owner of the premise to install safeguards that prevent access to those electrical devices.  This is especially important in areas that will have public access, including condominiums or hotels.

This past weekend my law firm retained a client that suffered second degree burns after coming into contact with a solid metal panel enclosing a hose.  Yet, at the time of the injury, it was unclear as to whether electrical devices were being stored under that panel.  The young child and her mother were swimming at their condominium pool when the toddler walked over and up onto to the unenclosed metal area.  Immediately upon contact, the child suffered serious burns to her hands and feet.  The extent of the damage has yet to be determined.

As the child’s lawyer, a lawsuit was immediately filed in Miami alleging injuries resulting from the negligence of the condominium.  In this instance, the injuries were clearly a result of the child coming into contact with an extremely hot surface — causing second degree burns.  In my practice, however, I frequently come across clients that need a lawyer here in South Florida after suffering injury by electrocution.  While the child’s burns were not caused by electrocution, her injuries run parallel to those suffered by electrocution victims.

As a North Miami construction lawyer that sues for electrocution injury, you must look for the following symptoms to help determine whether you or someone you know was in fact electrocuted: (1) skin burn; (2) numbness and/or tingling; (3) muscle contractions, pain, or weakness; and (4) headache and hearing impairment. Now, these are not the only injuries that occur from electrocution, but if your child or a loved one is potentially injured by electrocution, then this is a good place to start.

If you or someone you know was injured by electrocution in South Florida, then please contact us today.

By: Brandon Stein

Florida Construction Injury Lawyer: Motorcyclist Killed Because of Unsafe Road Surface

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Brandon Stein

As a Florida construction lawyer that sues for those injured in car or motorcycle accidents in North Miami, I find that many accidents result from unpaved or unsafe road surfaces.  The responsibility of paving a public roadway can fall directly on the shoulders of a construction company hired to repair or renovate an existing roadway.

In Florida, when a roadway or highway is open for public use, it is imperative that a construction company adheres to Florida Statutes pertaining to the uniform standards for design, construction, and maintenance as required by the Florida Department of Transportation.  In South Florida, failure to ensure safely paved roadways can lead to catastrophic injury from car accidents or motorcycle accidents, thus requiring the assistance of a lawyer.

However, this requirement imposed on construction companies is not just limited to Florida.  One way or the other, every state has its own standards for maintenance and construction of roadways — including providing safely paved roads for the public. Unfortunately, this weekend I was extremely saddened to hear news of a fatal motorcycle accident in a construction zone.

This past Friday afternoon on Highway 52 in Iowa, a 44 year old motorcyclist was killed after crashing in a construction area — the accident was allegedly caused by defects in the roadway surface.  According to reports, the pavement was uneven, which resulted in the motorcycle losing control while passing through the construction site.  The 44 year old was killed instantly and the accident is under investigation.

In Florida, construction accident and car accident lawyers are well versed in the laws requiring the Department of Transportation to develop and adopt uniform standards and specifications for the safe construction of roadways and highways. However, just because the Department of Transportation sets forth certain standards for the proper construction of roadways, including those that are paved and safe for use by the public, it does not mean that construction companies follow these rules.

The motorcycle accident death detailed above is a prime example of construction companies allowing traffic to ambulate through their work sites with an unsafe road surface.  Car accidents or motorcycle accidents occurring in construction areas frequently result in significant injury — and a subsequent phone call to a personal injury lawyer.  Therefore, I urge all construction site supervisors to be cognizant of the standards and rules set forth by the Florida Department of Transportation, for they are in place to help prevent injury at construction sites.

Specifically, unsafe road surfaces and unfinished pavement frequently leads to injury, especially for motorcyclists and bicyclists.  Being a North Miami construction site injury lawyer, too many times I come across car accidents or bike accidents due to issues with the pavement.  This is all too easy to prevent.

If you or someone you know was injured in a construction area or due to an unsafe road surface, please contact us today.

By: Brandon Stein