$399,000 Recovery After Worker Fell Through a Broken Loading Dock Gap
A warehouse worker fell into the gap between a loading dock and a delivery truck because the dock plate that should have covered the gap had been broken for years. The Orlow Firm investigated and pursued the building owner. The owner's defense was that he had no idea the plates were broken or that workers were stepping over the gap. The Orlow Firm got the owner's own representative on the record under oath admitting he had personally seen the broken plates and that nothing had been done about them, took the defense apart, and recovered $399,000 for our client.
Prior results do not guarantee a similar outcome.
What Happened
Our client was a 35-year-old warehouse worker checking boxes inside a delivery truck at a Queens food distribution facility on a snowy day in January 2015. As he stepped from the wet truck bed onto the loading dock, his foot slipped and shot forward into the gap between them. He fell. That gap was not supposed to be there. Every loading dock has a dock plate, a heavy metal bridge that covers the space between the dock and the back of a truck. The plate at this site was broken. The electric controls did not work. The hinges were damaged. Moving it by hand was a job for two or three people, and it weighed more than 200 pounds with no handles. So workers stepped over the gap instead.
How We Won
The building owner did not concede responsibility. To win, we had to prove he had known about the broken plates, and prove it cleanly enough that no jury could conclude otherwise.
Adam Moses Orlow, our Senior Trial Partner, deposed the owner's own representative and got him on record. He admitted he had personally seen the broken plates. He admitted most workers were stepping over the open gaps every day. He admitted nothing had been done about it for years. After that, the "we had no idea" defense was over. A safety expert added the technical case on top. The dock violated the New York City Building Code and OSHA's rules for walking surfaces. The plate was too heavy to operate safely. The smaller portable plates kept on the dock were too small to bridge the gap.
The Injuries
Our client was taken to urgent care with pain in his neck and back. MRI scans showed disc damage in his neck and lower back. Steroid injections did not help. In January 2017 he had surgery.
The Result
The Orlow Firm recovered $399,000 for our client.
Prior results do not guarantee a similar outcome.
If you or a loved one has been hurt at work because of an unsafe condition the building owner ignored, contact The Orlow Firm at (646) 647-3398 for a free consultation.
