Injuries from Falling Construction Debris
Golf etiquette dictates that if a golfer hits a ball that appears to be traveling near other players that the golfer yell out “Fore!” to alert the other golfers of the approaching danger. The construction site is not a golf course and there is no written rule requiring workers to be cognizant of debris that may fall and strike workers or pedestrians down below. However, just as a tiny golf ball can cause a disproportionately large amount of harm, so too small pieces of construction debris that fall and strike someone below can inflict catastrophic injury or death upon the victim. Being careless or cavalier about one’s own falling construction debris can result in liability for the careless worker and his or her employer.
Types of Injuries from Falling Debris
“Debris” in the context of falling debris accidents includes things like stone or brick, drywall, tools, dirt, dust, and other similar items. While falling dirt or dust may cause temporary irritation to the eyes, even small handheld tools like screwdrivers and tape measures can cause catastrophic injuries:
- Traumatic brain injuries are one of the most common types of injuries inflicted by falling construction debris. Traumatic brain injuries (or TBIs) are classified as either mild, moderate, or severe and can be described as either being caused by blunt force trauma (such as being hit in the head by a brick or sheetrock), by a piercing injury (such as might occur if a screwdriver or other sharp tool pierced the skull and directly injured the brain), or by “whiplash”-style injuries (which usually are not the type of injuries associated with falling debris). A victim may be able to escape permanent loss of functioning if his or her TBI is only mild, but moderate or severe TBIs are likely to impact the victim’s functioning in some way for the rest of his or her life.
- Spine and spinal cord injuries can also occur if the falling debris hits the victim on his or her back instead of his or her head. While the spinal column is resilient and is designed to help protect the spinal cord from injury, the spine is not indestructible. A sufficiently-heavy object that falls and strikes the victim’s back may damage or sever the spinal cord. This would result in temporary or even permanent and irreversible paralysis.
- Crushing injuries occur when the falling debris is quite large and lands on top of the victim (either his or her back or chest). The force of such an impact can crush bones and tissue and cause severe internal trauma to vital organs. If the load is sufficiently heavy, the victim may be crushed to death under the weight of the load.
- Eye injuries that are the result of falling dust and other microscopic particles. Just because this debris is small does not mean that it is not capable of causing significant pain. Dust that gets into a worker’s eyes can cause temporary blindness, and small microscopic metal shavings (often found near where HVAC workers are operating) can cause small but painful cuts and scratches to the eyes.
Construction workers are supposed to be provided with safety equipment while on the jobsite to help protect against falling debris. Most often, this equipment consists of a “hard hat” and, perhaps, protective glasses. While workers should wear such equipment to reduce the chances of injuries occurring (and, if they do occur, reduce the chances that the at-fault party will claim this failure to wear safety equipment caused the victim’s injuries), a worker’s decision to do so does not alleviate other workers’ obligations to take steps to prevent debris from falling to lower levels.
Moreover, construction companies must provide training to their workers as to the danger that falling debris poses to those on the jobsite and those walking near the jobsite. Companies that do not provide their employees with the tools and training to pick up after themselves and who do not take appropriate measures against those employees who habitually allow debris from their worksite to fall onto other workers may also be held responsible in the event of a falling debris accident.
Stern Law, PLLC is Your Falling Debris Accident Lawyer
If you or a loved one suffered serious or debilitating injuries as the result of debris that fell from above on a construction site, you need to determine who was responsible for the falling debris and fast. The longer you wait to investigate your case, the easier it is for the at-fault party to disappear forever, thereby denying you full and fair compensation. Contact Stern Law, PLLC right away at (844) 808-7529. Attorney Ken Stern will get to work immediately by locating and identifying the party responsible for your injuries, locating evidence and witnesses to support your claim for compensation, and filing suit against the at-fault party or parties.
