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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

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11/3/2009
Jonathan Cooper
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NY Appeals Court Upholds Commercial Insurer's Disclaimer of Coverage for Construction Accident Claim

In this article, Long Island, New York construction site accident attorney Jonathan Cooper discusses a recent decision from New York's Appellate Division, Second Department that upheld an insurer's disclaimer of coverage for a construction site accident. For additional FREE information on construction site accidents under New York law, please visit our website, www.JonathanCooperLaw.com.

Category: Keyword Search: New York Labor Law

8/22/2009
Jonathan Cooper
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Construction Site Accidents in NY: Why Contractors Should Be Held Strictly, Or Even Absolutely, Liable

In this article, Long Island, NY construction site accident lawyer Jonathan Cooper opines on why contractors should be held legally responsible to assure their workers' safety on the job. For additional, FREE information on construction site accidents and how they are handled under New York law, please visit www.JonathanCooperLaw.com.

Category: Keyword Search: New York Labor Law

7/9/2009
Jonathan Cooper
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NY Appeals Court Whittles Down Claims in Construction Site Accident Lawsuit

In this article, Long Island, NY construction site accident attorney Jonathan Cooper discusses how a New York appeals court dismissed most, but not all, of a worker's personal injury claims because the plaintiff did not prove sufficiently that the defendants had violated specific safety statutes. For additional information on what a plaintiff must prove to win his construction site accident lawsuit under New York law, please visit www.JonathanCooperLaw.com.

Category: Keyword Search: New York Labor Law

5/25/2009
Jonathan Cooper
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In light of a recent decision by New York's Court of Appeals (New York's highest court) dismissing yet another personal injury lawsuit brought by a worker that was injured by safety hazards while working on the job (see our blog article, New York Appellate Court Dismisses Another Construction Site Accident Case), I reduced to writing a list of the three categories of construction site accident cases, and the evidence that is needed to successfully prove each one of these different types of claims under the heading What a Plaintiff Must Prove to Win a Construction Site Accident Case.

As always, please let me know what you think; I appreciate the feedback!

Category: Keyword Search: New York Labor Law

4/29/2009
Jonathan Cooper
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In an opinion that was published on April 21, New York's Appellate Division, Second Department upheld a lower court's decision dismissing the personal injury lawsuit of a construction worker who was hurt when the tree stump he was leaning on to maintain his balance broke off, causing him to fall down a slope. While I, like anyone who's been litigating accident cases for a sufficient period of time, have lost some close cases, I find this particular case troubling because I don't see any legitimate reason why the defendants could be deemed liable for this construction site accident. Stated differently, and given the Appellate court's clear and convincing affirmance of the dismissal, I don't think this case should have been brought in the first instance.

As noted in my articles Construction Site Injuries and New York's Labor Laws and Construction Site Accidents: Why the Number of Successful Cases Are Dwindling, in order for a defendant to be held liable under the Labor Laws for a construction worker's personal injuries that were sustained while on the site, the injury must have resulted from an elevation-related risk or safety hazard. That certainly was not the case here. And the plaintiff could not demonstrate that the remaining defendant, Staten Island Railroad Transit Operating Authority (SIRTOA), a subset of the New York City Transit Authority, exercised any ownership or control over the area or tree stump where he fell, as a result of which the plaintiff's negligence claim fell by the wayside as well.

Given that the plaintiff's attorneys went to the time and expense of appealing the lower court's decision, I suspect that the plaintiff's injuries in this case were quite serious, and that they were therefore seduced by the prospect of a big fee. But if you can't conjure up a cogent theory of liability to make it stick, you still shouldn't bring the case.



Category: Keyword Search: New York Labor Law