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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:

 


8/24/2010
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.

Category: Keyword Search: construction site accident attorney Long Island

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.

Category: Keyword Search: construction site accident attorney Long Island

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 attorney Long Island

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 attorney Long Island

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."

 


Category: Keyword Search: construction site accident attorney Long Island

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.

Category: Keyword Search: construction site accident attorney Long Island

4/21/2010
Jonathan Cooper
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The Most Formidable Defense to a New York Construction Site Accident Case

In this post, Long Island, New York construction site accident lawyer Jonathan Cooper discusses the most formidable defense to a New York construction site accident case - that the defendant had no authority, and in fact did not, supervise or control the work that brought about the plaintiff's injury. For additional information on the elements of a construction site accident case in New York, please visit www.JonathanCooperLaw.com.

Category: Keyword Search: construction site accident attorney Long Island

4/19/2010
Jonathan Cooper
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How Site Owners Can Be Held Absolutely Liable in a NY Construction Accident Case

In this article, Long Island, New York construction site accident and personal injury attorney Jonathan Cooper discusses why a Queens County trial judge denied the motions to dismiss the injury claim of a man who was hit by an excavator at a worksite. For additional information on how construction site accident cases are evaluated and handled under New York law, please visit www.JonathanCooperLaw.com.

Category: Keyword Search: construction site accident attorney Long Island

3/22/2010
Jonathan Cooper
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Brooklyn Court Awards Judgment to Injured Construction Worker on Labor Law 240 Claim

In this article, Long Island, New York construction site accident lawyer Jonathan Cooper analyzes a recent decision from a Brooklyn trial judge that awarded judgment to a construction site worker who was injured when a cinder block fell on his back. For additional information on this topic, and construction site accidents under New York law in general, please visit www.JonathanCooperLaw.com, or contact Jonathan Cooper directly at his Long Island office at 516-791-5700.

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3/20/2010
Jonathan Cooper
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NY Appeal Court Sets Limits on Elevation-Related Risks in Construction Site Accidents

In this article, Long Island, New York construction site accident lawyer Jonathan Cooper discusses how one of New York's appellate courts limited the instances where a construction site worker can recover for personal injuries sustained as the result of an elevation-related risk. For additional information on how construction site accident cases are handled and evaluated under New York law, please visit www.JonathanCooperLaw.com.

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3/7/2010
Jonathan Cooper
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Kings County Court Dismisses Worker's Accident Claim - And Disregards Jury's Verdict

In a decision from a Kings County court that is scheduled to appear in tomorrow's edition of the New York Law Journal, the plaintiff worker's injury claim was dismissed - even though the jury had found in his favor. For additional information on what you need to prove in order to win a worksite accident case, please visit www.JonathanCooperLaw.com, or contact Long Island, New York construction site accident attorney Jonathan Cooper at his Nassau County office at 516.791.5700.

Category: Keyword Search: construction site accident attorney Long Island

2/14/2010
Jonathan Cooper
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Worker Injured At Closed Construction Site Not Entitled to Recover, Queens Court Holds

In a decision that was handed down last week, a Queens County trial court held that a construction site worker is not entitled to recover for his personal injuries when he was working there without authorization. For additional information on construction site accidents and how they are analyzed under New York law, please visit www.JonathanCooperLaw.com.

Category: Keyword Search: construction site accident attorney Long Island

2/11/2010
Jonathan Cooper
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Queens Worker Who Fell From Ladder Wins Judgment - Even Though Ladder Not Defective

In a decision that was reported in today's New York Law Journal, and handed down by a Queens trial court on February 2, a construction site worker who fell from an unsecured ladder won summary judgment on his Labor Law §240(1) claim - even though there was no proof that the ladder was defective in any way. For additional Free information on the elements of a construction site liability claim under New York law, please contact Long Island, New York construction site accident attorney Jonathan Cooper at his Nassau County office at 516.791.5700.

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2/4/2010
Jonathan Cooper
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The Most Important Exception To Owner/Contractor Liability For Worksite Accidents in NY

Although much has been written about the automatic, or near-automatic, liability of an owner or contractor for a worker's injuries that were sustained at a construction or worksite that resulted from a gravity-related danger or due to their failure to furnish the worker with proper safety equipment (see, e.g., "How To Prove A Construction Site Accident Case" and "Construction Accident Liability Under New York Law"), there is an important exception to this rule, which is known as "the homeowners' exemption." For additional information on this topic and other quality, Free information related construction accident cases in New York generally, please visit www.JonathanCooperLaw.com, or call Long Island Construction Site Accident lawyer Jonathan Cooper directly at his office at 516.791.5700.

Category: Keyword Search: construction site accident attorney Long Island

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 attorney Long Island

1/29/2010
Jonathan Cooper
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Appeals Court Limits Adverse Impact of Attorney's Admission in Opening Statement

In deciding the defendants' motion to dismiss in a construction site accident case that was handed down on January 19, New York's Appellate Division, Second Department clarified what the effects are of a plaintiff's attorneys admissions that he made during his opening statement to the trial jury. For additional information on this and other topics pertaining to small business litigation, personal injury and defective products under New York law, please visit www.JonathanCooperLaw.com.

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1/13/2010
Jonathan Cooper
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Bronx Construction Site Worker Wins Summary Judgment on NY Labor Law 240(1) Claim

Applying the Court of Appeals' (New York State's highest court) recent decision in Runner v. New York Stock Exchange, a Bronx judge recently awarded judgment as a matter of law to the surviving family of a construction worker on his personal injury and wrongful death claim. For additional information on construction site accidents under New York law, please visit Jonathan Cooper's website at www.JonathanCooperLaw.com

Category: Keyword Search: construction site accident attorney Long Island

1/11/2010
Jonathan Cooper
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Why Disproving A Construction Site Accident Case Isn't So Simple Under NY Law

Published author of the Free eBook "Why Most Accident Victims Do Not Recover the Full Value of Their Claims" and Long Island, New York construction site accident lawyer Jonathan Cooper discusses the difficulties faced by defendants in disproving an injured worker's claim. For additional information on this topic and New York accident cases generally, please visit his website at www.JonathanCooperLaw.com, or contact Mr. Cooper at his Nassau County office at 516-791-5700.

Category: Keyword Search: construction site accident attorney Long Island