The law that applies to your claim
Industrial Code 23-8 — mobile cranes, tower cranes and derricks
Covers inspection and testing, load ratings and capacity charts, outrigger use, operation near power lines, and the requirement for a designated signal person where the operator’s view is obstructed.
Licensing and inspection
Crane operation is licensed, and cranes are subject to periodic inspection and certification. Operating outside the rated capacity, or with an inspection out of date, is powerful evidence of negligence.
Several defendants, several policies
Responsibility can run to the crane owner, the operating engineer’s employer, the rigging contractor, the general contractor, the lessor, and the entity that prepared the ground. Each carries its own coverage — which is frequently what makes a catastrophic injury recoverable.
Why cranes fail
- Overloading beyond the capacity chart for the radius and configuration
- Outriggers not fully extended, or set on ground that could not carry the load
- Rigging failure — wrong sling, worn cable, unsecured load
- Two-blocking and hoist limit failures
- Contact with overhead power lines
- Assembly and dismantling failures on tower cranes
- Signal confusion where the operator cannot see the load
- Wind conditions exceeding limits for the lift
The paperwork is unusually good
Cranes generate records that most construction accidents do not: the lift plan, the capacity chart for the configuration used, inspection and certification records, the operator’s license and log, maintenance history, and often telematics recording load, radius and angle.
There is usually also a written rigging plan for a critical lift. Where the accident happened and no plan existed, that absence is itself the case.
Related
Where a load fell onto a worker below, see struck-by-object claims — a hoisted load that falls is the core of the §240(1) falling-object rule. Where a crane failure caused a worker to fall, see Labor Law 240.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
The operator was employed by another company.
That does not limit your claim. The owner and general contractor carry non-delegable duties, and the operator’s employer, the rigger and the crane owner may each be liable.
Is an OSHA citation useful?
Yes as evidence, but it does not establish a §241(6) claim by itself — that requires a New York Industrial Code provision such as 23-8.
The crane hit a power line.
Operation near energized lines is specifically regulated. Both the electrocution and any resulting fall may support claims, and the utility’s role may also need examining.
