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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

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


9/13/2011
Jonathan Cooper
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Lifting Wood At Worksite Doesn't Give Rise to NY Labor Law Claim

Not every accident that occurs at a construction site leads to liability under NY law. Long Island, NY construction site accident lawyer Jonathan Cooper explain

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9/20/2010
Jonathan Cooper
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NY Labor Law 240(1) Not Limited to Falling Worker; Also Covers Injuries From Falling Devices, Court Holds

Long Island/Queens, New York construction accident attorney Jonathan Cooper discusses a recent decision from a New York County trial court holding that New York's Labor Laws protect not only those workers injured as the result of a fall from an elevation, but those who are injured as the result of a falling object at a worksite. For additional information on how to prove a construction site accident case under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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8/24/2010
Jonathan Cooper
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Intoxicated NY House Painter Falls Off His Own Ladder - and Sues

Long Island, New York construction accident and personal injury lawyer Jonathan Cooper discusses a recent case where a painter that was drunk fell off his own ladder - and then sued for his personal injuries. For additional information on how to prove a construction site accident case under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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8/13/2010
Jonathan Cooper
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Injured Cement Truck Driver Covered by NY Labor Law 240(1), Court Holds

Long Island, New York construction accident lawyer Jonathan Cooper discusses a recent decision from New York's Appellate Division, Second Department holding that a cement truck driver who was injured more than 100' from a construction site was still entitled to recover for his personal injuries under New York's worker safety statutes. For additional information on how to prove a construction site accident claim under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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7/23/2010
Jonathan Cooper
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School That Loaned Ladder to Worker May Be Held Liable For Fall, NY Court Holds

Long Island, New York construction accident and personal injury lawyer Jonathan Cooper discusses a recent decision from New York's Appellate Division, Second Department holding that a school can be held liable for a worker's fall from a ladder if it knew or should have known that the ladder was defective. For additional information on how to prove a construction accident case under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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7/18/2010
Jonathan Cooper
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When NY Courts Reach Absurd Results: Worker Injured in Collapsed Trench Deemed a "Trespasser"

Long Island, New York construction accident attorney Jonathan Cooper discusses a recent decision from New York's Court of Appeals that dismissed the injury claim of a construction worker on account that he was deemed "trespassing" while working in a trench at the time of the accident. For additional information on how to prove a construction site accident case under New York law, please see https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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7/15/2010
Jonathan Cooper
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Despite Finding that Worker Covered by NY Labor Law 240(1), Court Dismisses Case

Long Island, New York construction accident lawyer Jonathan Cooper discusses a recent decision from a Kings County trial court that dismissed a worker's construction site injury claim. For additional information on how to prove a construction accident claim under New York law, please visit https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Jonathan Cooper directly at 516-791-5700.

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6/28/2010
Jonathan Cooper
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NY Appeals Court Denies Judgment to Worker That Fell From Ladder

In a brief decision, New York's Appellate Division, First Department affirmed a trial court's decision that denied a worker summary judgment on his construction site accident claim. For additional information on how to prove a construction site accident case under New York law, please visit https://www.jonathancooperlaw.com/library/how-to-prove-a-construction-site-accident-case-in-new-york.cfm, or contact Long Island, New York construction site accident lawyer Jonathan Cooper at 516-791-5700.

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6/2/2010
Jonathan Cooper
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Considering that both a site owner and a contractor can be held strictly liable under NY Labor Law 240 if construction workers are injured due to their failure to furnish the workers with adequate safety devices, it certainly seems like the defendants in Vann v. YMCA acted foolishly.

In this case, the plaintiff contended that after complaining that he did not feel secure in removing aluminum siding from the owner's adjacent building, and therefore requesting some safety equipment, be it a scaffold or safety lines, he was purportedly told, "You do it or go home."

What happened next is not terribly surprising.

After using a ladder that was available (albeit not anchored), the plaintiff managed to climb onto a 6" wide cinder block wall, but when he turned around, he fell off the wall, sustaining serious personal injuries.

In granting the plaintiff's motion seeking summary judgment on his "scaffold law" claim, the Court held as follows:

"Defendants have not presented any evidence that there were ladders available for [plaintiff']'s use, or even that he would have been able to access the adjacent building with an extension ladder. They have therefore failed to raise an issue of fact as to [plaintiff]'s Labor Law 240(1) claim."

 


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5/12/2010
Jonathan Cooper
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Construction Worker Who Erected Own Scaffold Still Entitled to Recover Under NY Labor Law

In an unusual case, a construction worker who, at his employer's request, erected his own scaffold with their materials and subsequently fell, was entitled to recover for the injuries he sustained under New York Labor Law 240(1). For additional information on how New York's Labor Laws affect injured construction workers, please visit Long Island, New York construction accident lawyer Jonathan Cooper's website at www.JonathanCooperLaw.com or contact him directly at 516.791.5700.

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5/4/2010
Jonathan Cooper
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Why Having Adequate Safety Devices Isn't Enough to Defeat a New York Scaffold-Law Claim

A recent decision by New York's Court of Appeals held an owner automatically liable for the personal injuries sustained by a construction worker because there was no proof that the worker had ever been told that the safety equipment was available or that he had to use it. For additional information on how construction accidents are handled and analyzed by New York's courts, please visit www.JonathanCooperLaw.com, or contact Long Island, New York construction accident attorney Jonathan Cooper directly at 516.791.5700.

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4/27/2010
Jonathan Cooper
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NY Court Holds Safety Consultant Not Liable For Construction Site Accident

Long Island, NY construction accident lawyer Jonathan Cooper discusses a NY County trial court decision dismissing the claims against the work site safety consultant on the grounds that they did not have the right to supervise or control the plaintiff's work. For additional information on this topic, or construction accident cases in general under New York law, please visit www.JonathanCooperLaw.com.

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4/25/2010
Jonathan Cooper
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Building Architect Protected By Construction Site Safety Laws, NY County Courts Says

In this post, Long Island, New York construction accident lawyer Jonathan Cooper discusses a recent decision from a New York County court which held that an architect, although not a construction worker, was still covered by New York's safety statutes governing construction sites, and therefore allowed to recover damages for the personal injuries she suffered while at a worksite. For additional information on construction accident cases under New York law, please visit www.JonathanCooperLaw.com.

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