Luis Solano Manhattan: Construction Worker Luis Miguel Duran Solano Killed In Manhattan Elevator Accident At Construction Site For Richard Brandson’s NYC Virgin Hotel On 30th Street And Broadway
MANHATTAN, NEW YORK (November 4, 2019) – A 24-year-old construction worker identified as Luis Miguel Duran Solano has tragically died after being crushed in an elevator accident at the new Virgin Hotel.
The accident took place around 3:00 p.m. on the 33rd floor of the building. New York police are saying that Luis Miguel Duran Solano was crushed by a metal door frame while retrieving his phone.
Witnesses are saying that the victim became caught on something before the elevator fell on him. He was ultimately hit by a saddle protruding fro the elevator.
Paramedics were called to the scene in order to help the victim. Despite life-saving measures Luis Miguel Duran Solano tragically died due to his injuries. He leaves behind his wife Jennifer Mota and is scheduled to be buried in the Dominican Republic.
The Department of Buildings is currently conducting an investigation at this time. However, a spokesperson for the DOB has come out and said, “This was an entirely preventable tragedy.”
Liability In Elevator Accidents
According to data from the Occupational Safety and Health Administration (OSHA), “Out of 4,674 worker fatalities in private industry in calendar year 2017, 971 or 20.7% were in construction — that is, one in five worker deaths last year were in construction. The leading causes of private sector worker deaths (excluding highway collisions) in the construction industry were falls, followed by struck by object, electrocution, and caught-in/between. ” OSHA has dubbed these accidents the “fatal four,” which make up nearly 60% of all construction fatalities.
General contractors have a legal obligation to make sure that construction sites are reasonably safe. Under New York Labor Law Section 240(1) (The Scaffold Law), construction industry employers, property owners and general contractors are strictly liable for gravity related incidents – including those involving falling objects. In addition to liability on the part of a general contractor an elevator manufacturer may be liable for an accident if it was caused by a defect with the elevator itself. For example, malfunctions with an elevator’s pulley system may cause it to fall rapidly.
The family of any victim that dies in a construction accident may be able to seek justice through a wrongful death claim. Damages in a civil claim can help with lost wages, medical bills, funeral expenses and loss of love. There are, however, statute of limitations associated with being able to file a civil claim. It is therefore important to act quickly. A construction accident attorney can examine all of the facts of your case free of cost and get you all the answers that you deserve about what went wrong.
Investigating An Elevator Accident
We at Pulvers, Pulvers & Thompson extend our deepest condolences to the family of Luis Miguel Duran Solano. Any person that may have witnessed this accident should reach out to OSHA and the Department of Buildings. Worker safety should always be the top priority of every construction company. It is our sincere hope that measures are put in place to help prevent additional accidents like this.
If you or someone that you care about has been injured in an elevator accident there are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you just have questions about the law or need a free, independent investigation into an accident we are here for you. You can reach out to us anytime at 212-471-5106.
