Fred Eisenberg and Dino Privitera have settled a construction accident case on behalf of client, James Burtt, for $1.4 million. The hazardous working environment caused the union trained carpenter life-threatening orthopedic and neurologic injuries.
On April 13, 2007, while installing rafters on a new rooftop, James Burtt, a seasoned carpenter, fell approximately 18 ? feet and struck his head on a stone and gravel surface. Due to the fall, Mr. Burtt sustained life-threatening orthopedic and neurologic injuries.
This is an accident which should never have occurred. Implementing simple safety procedures, including providing adequate fall protection equipment to workers on-site, would have ensured Mr. Burtt’s safety. But the owner of the property and the developer of the construction project failed to provide workers with adequate safety equipment, including a properly installed carpenter bracket scaffold.
According to Fredric S. Eisenberg, attorney for the Burtt family, “The owner and developer failed to ensure that a simple, inexpensive and routinely used carpenter bracket scaffold was properly installed and made available for workers doing their jobs at elevated heights; they failed to comply with mandatory OSHA and workplace safety requirements.”
The 1.4 million dollar settlement was particularly impressive in light of the vigorous defense. “This was a complex construction case that presented many challenges for the plaintiff,” said Eisenberg. “We successfully over came the defense contention that Mr. Burtt’s accident and injuries were caused by Mr. Burtt’s own conduct and instead we were able to refocus the case on the owner and general contractor who failed to take the necessary steps to protect Mr.Burtt.”
If you have been hurt in a construction site accident due to hazardous working conditions, do not hesitate to contact our firm and speak to an experienced construction site accident attorney about your case.
