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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:

 


8/18/2013
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NY Appeals Court Denies Summary Judgment to Bronx Construction Worker

NY Appeals Court Denies Summary Judgment to Bronx Construction Worker

Category: Keyword Search: construction site accident

8/28/2012
Jonathan Cooper
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NY Appeals Court Holds Floor Water Not a Dangerous Worksite Condition

In a split opinion, a majority of a NY appeals court held that a water condition on the floor of a worksite was not a dangerous condition for which liability could attach.

Category: Keyword Search: construction site accident

8/27/2012
Jonathan Cooper
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When an Owner Is (Or Isn't) Vicariously Liable tor a NY Worksite Injury

Long Island, NY worksite accident attorney Jonathan Cooper discusses when an owner is - or isn't - vicariously liable for an accident under NY law.

Category: Keyword Search: construction site accident

8/26/2012
Jonathan Cooper
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NY Court: 12" Height Insufficient To Trigger Labor Law 240 Liability

In a decision that was handed down August 14, a NY Appeals court held that a 12" height differential was insufficient to trigger NY Labor Law 240(1) liability.

Category: Keyword Search: construction site accident

6/27/2012
Jonathan Cooper
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Despite No Memory of Fall, NY Construction Worker Recovers $3.25 Mil

There are some instances where construction site workers can recover damages despite not recalling the accident, explains NY construction accident lawyer.

Category: Keyword Search: construction site accident

3/2/2012
Jonathan Cooper
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Truck Driver's Labor Law Injury Claims Reinstated by NY Appeals Court

Noting the split among New York's appellate courts on the Labor Law, NY Appeals Court Reinstates Truck Driver's Labor Law Injury Claims

Category: Keyword Search: construction site accident

9/9/2011
Jonathan Cooper
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NY Court: Worker Injured in Trip Over Cinder Block at Worksite Must Win

Learn why a NY Court held that by merely tripping over a cinderblock at a construction site that a worker was entitled to a judgment in his favor under NY law.

Category: Keyword Search: construction site accident

8/5/2011
Jonathan Cooper
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Injury Claim by Construction Worker Who Tripped Over Doorknob Survives

Long Island, NY construction site injury lawyer Jonathan Cooper discusses how an injury claim by a construction Worker who tripped over a doorknob survived.

Category: Keyword Search: construction site accident

6/15/2011
Jonathan Cooper
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Worksite Owner Maybe Liable for Dust That Falls Into Worker's Eye: NY Court

Long Island, NY construction site accident lawyer Jonathan Cooper discusses a recent case holding owner maybe liable for dust falling into a workers' eye.

Category: Keyword Search: construction site accident

6/1/2011
Jonathan Cooper
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Queens Worker Who Fell From Unsecured Ladder Wins Labor Law Claim

Long Island & Queens, NY construction site accident lawyer Jonathan Cooper discusses a recent decision granting judgment to a worker who fell from a ladder.

Category: Keyword Search: construction site accident

3/22/2011
Jonathan Cooper
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After Worker Falls Through Elevator Ceiling, Queens Court Holds Contractor Absolutely Liable

There are still cases where NY's courts will hold a contractor absolutely liable for a construction site accident. Here's one. For more info, call 516-791-5700.

Category: Keyword Search: construction site accident

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.

Category: Keyword Search: construction site accident

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.

Category: Keyword Search: construction site accident

2/1/2010
Jonathan Cooper
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What Types of Accidents Constitute "Repair" Work Under New York Labor Law §240(1)?

In this article, Long Island, New York construction site accident attorney Jonathan Cooper discusses what types of activities constitute "repair" work under New York's Labor Law §240(1) that will allow an injured worker to recover for these job-related injuries. For additional information on this topic, please visit www.JonathanCooperLaw.com

Category: Keyword Search: construction site accident

11/29/2009
Jonathan Cooper
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Applying Statutory Exception, NY Appeals Court Reinstates Construction Worker's Labor Law/Injury Claim

In this article, author of the Free eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" discusses the criteria that the appellate court relied upon in reversing the trial court's dismissal of a construction worker's negligence case.

Category: Keyword Search: construction site accident

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: construction site accident

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: construction site accident