New York Noncompete, Trade Secret & School Negligence Blog

Why New York's Work Site Safety Laws Target Developers

Author of the Free Guide to New York Accident Cases, "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" (www.TheNewYorkAccidentBook.com), Long Island & Queens, New York construction accident and work site accident attorney Jonathan Cooper discusses how a developer with a long history of shoddy work highlights the reason that the legislature pins liability for these unsafe work sites on developers. For additional information on this topic, please contact Jonathan Cooper directly at 516-791-5700.

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.

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.

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."

 

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.

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.

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.

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.

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.

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.

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