$2.5 Million Premises Liability Settlement in the Bronx

Raphaelson & Levine secured a $2.5 million premises liability settlement for a Bronx motorist who was struck by falling metal and iron debris from an elevated construction site while stopped at a red light.

Falling Debris from an Elevated Bronx Construction Site

Our client was sitting in his vehicle, stopped at a traffic light directly beneath a No. 5 subway station overpass in the Bronx, where active construction was underway on the elevated structure. Without warning, pieces of metal and iron broke free from the work area above and came crashing through his car's sunroof, striking him on the head, neck, right shoulder, and back.

A construction worker on the site had waved the driver forward moments before the debris fell — then ran from the scene. The incident left our client with injuries to his cervical spine and right shoulder that required ongoing medical treatment, and raised serious questions about how a public roadway beneath an active construction zone had zero overhead protection for vehicles and pedestrians passing below.

Holding Contractors Accountable in the Bronx

Our construction accident lawyers investigated the worksite and identified failures at every level: no netting, no overhead shields, no flaggers to stop traffic during active overhead work, and no debris containment measures of any kind. These are basic safety requirements under New York City construction codes for any project above a public right-of-way.

The contractors attempted to minimize the incident and dispute the severity of our client's injuries. We obtained the construction permits, subcontractor agreements, and site safety plans — and demonstrated that every party in the chain had failed to implement the most fundamental protections required when working above a Bronx roadway. Medical experts documented the connection between the falling debris impact and our client's cervical and shoulder injuries.

$2.5 Million for a Preventable Injury

The settlement provides compensation intended to cover medical expenses, lost income, and pain and suffering for injuries that never should have happened. No one sitting at a red light should have to worry about construction materials falling through their roof.

"There is no excuse for dropping metal and iron onto a public street. When contractors work above a roadway, they are required to protect every person below — and when they cut those corners, the consequences can be catastrophic. Our client was doing nothing more than obeying a traffic signal."

— Howard Raphaelson, Founding Partner at Raphaelson & Levine

If you've been injured by falling debris, construction materials, or unsafe conditions at a New York worksite or building, our premises liability attorneys have decades of experience proving contractor negligence, and are ready to review your claim. Contact us today for a free case evaluation.