Nov 20, 2024

Scaffolding Collapse in Manhattan Injures Three, Sparks Renewed Calls for Reform

by Lawrence J. Tjan | Nov 19, 2024
Photo Source: Keith J. Kelly via otdowntown.com

A scaffolding collapse in Manhattan's Chelsea neighborhood on Monday morning left three people seriously injured, prompting renewed discussions on safety measures and legislation to address the city’s widespread use of temporary structures.

The incident occurred around 8:17 a.m. outside 245 West 29th Street, between Seventh and Eighth Avenues, when a 40-foot section of scaffolding toppled onto the sidewalk, according to FDNY Deputy Chief Michael Barvels.

First responders found three individuals trapped under wood panels and metal rods. All three were transported to Bellevue Hospital, where one man remains in critical condition, while the other two are in stable condition, officials said.

Preliminary investigations suggest that a box truck pulling out of a parking spot adjacent to the building struck the scaffolding, causing it to collapse, Barvels said. Inspectors from the New York City Department of Buildings (DOB) confirmed this determination after reviewing the scene.

Surveillance footage from a nearby Holiday Inn captured the collapse, showing the scaffolding falling as the truck began to move. The truck driver remained on-site and expressed regret but declined to comment further.

DOB spokesperson David Maggiotto said no damage was found to the adjacent building, but the property owner was issued a violation for maintaining a "non-compliant shed."

The scaffolding had previously been flagged for unsafe conditions in August 2023, though the issue was reportedly resolved at the time, according to DOB records.

City Councilmember Erik Bottcher, who represents the district, visited the scene and emphasized the need for reforms to prevent long-standing scaffolding structures from becoming safety hazards.

“My bills would set time limits for the amount of time property owners have to pull the building permits and complete the work,” Bottcher said. “That would help address situations in which property owners have these up for years and years without doing the work.”

Bottcher’s proposed legislation would also explore alternative safety measures during façade repairs, including the use of drones and netting.

Mayor Eric Adams has similarly vowed to address the city's extensive use of scaffolding, which spans nearly 400 miles and is intended to protect pedestrians from falling debris.

If the scaffolding was cited for noncompliance in the past and the issues were inadequately addressed, it could establish negligence on the part of the property owner or the contractor responsible for maintenance.
Leandros A. Vrionedes, New York City Personal Injury Attorney

Leandros Vrionedes, a New York City personal injury attorney with extensive experience in premises liability cases, provided legal insight into the scaffolding collapse, describing it as a tragic but unfortunately common example of systemic issues with the city’s scaffolding laws and enforcement.

“Property owners and contractors have a legal obligation to ensure the safety of temporary structures, such as scaffolding,” Vrionedes said. “This includes regular inspections, timely repairs, and compliance with all safety codes. When these responsibilities are neglected, it creates a hazardous situation for pedestrians and workers alike.”

Vrionedes told Law Commentary that the property owner’s history of previously flagged unsafe conditions could play a significant role in potential litigation. “If the scaffolding was cited for noncompliance in the past and the issues were inadequately addressed, it could establish negligence on the part of the property owner or the contractor responsible for maintenance,” he explained.

The role of the box truck driver and the transportation company might also come under scrutiny. “While initial reports suggest the truck struck the scaffolding, liability is not straightforward,” Vrionedes said. “Investigators will need to determine if the scaffolding was installed in a way that made it susceptible to such impacts or if the driver acted recklessly.”

When asked about potential claims for the injured parties, Vrionedes said, “The individuals injured in this collapse may be able to pursue compensation for their medical expenses, lost wages, and pain and suffering through premises liability claims or negligence lawsuits. If the driver or transportation company is found liable, they too may face legal action.”

Vrionedes emphasized the broader implications of the incident, advocating for legislative reforms. “New York City’s reliance on scaffolding is unmatched, but it’s critical that these structures serve their intended purpose of protecting the public. This tragedy highlights the urgent need for stricter regulations and oversight to prevent future injuries.”

By late morning, much of the collapsed scaffolding had been cleared, leaving a pile of wood and metal poles on the sidewalk, along with a large pool of dried blood. Firefighters worked to remove precariously hanging pieces of the structure to ensure the area’s safety.

A repair crew was on-site to begin restoring the damaged shed, while city officials continued their investigation into the incident.

No immediate response was provided by the property owner or the transportation company responsible for the truck involved in the incident.

The injured individuals' identities have not been released, and their families have not commented publicly. The investigation remains ongoing.

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Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

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