Construction Firms Could Face Heavy Liability Damages

After horror week at the former Deutsche Bank building, lawsuits could follow.

ByABC News
January 8, 2009, 1:20 AM

Aug. 23, 2007 -- The construction firms responsible for dismantling the former Deutsche Bank building will likely face substantial financial liability after a nightmare six-day stretch that left two firefighters dead Saturday, and three people injured today, including two more firefighters and a construction worker.

Robert Clifford, a lawyer specializing in construction accidents, said he expects the City of New York, the Port Authority and perhaps several other governmental organizations to undertake an exhaustive investigation into the ultimate causes of last weekend's deadly fire and today's falling construction tool.

"Once they determine the cause of the collapse they will then pretty much chart out a pathway of liability for who will be held responsible for the injuries and deaths that have occurred," Clifford, a senior partner at the Chicago-based Clifford Law Offices, said.

Liability for the deceased firefighters alone could stretch into the millions once their future earnings potential and family obligations are considered, according to Ken Halperin, an attorney specializing in liability work.

The list of firms facing financial liability could be quite long. Clifford led the prosecution on the high-profile collapse of scaffolding at Chicago's John Hancock building in 2002 that left three people dead and eight more injured. In that case, he said, the manufacturer of the scaffold, the owner of the building, its architect, and the general contractor on the job were all held financially liable for a total of $75 million.

And the contractors may also face charges of negligent homicide in conjunction with Saturday's deaths, news outlets have reported. These charges might follow if it is found that broken standpipes, which if functional could have spared the firefighters' lives, were improperly inspected or maintained.

The New York City government is responsible to its firefighters through workers' compensation programs. Clifford said that firefighters and their families normally cannot sue their employer, the New York Fire Department, through the court of law, though they can appeal to their employer for the amount of compensation they receive.