New York Noncompete, Trade Secret & School Negligence Blog

NY Appeals Court Denies Summary Judgment to Bronx Construction Worker

NY Appeals Court Denies Summary Judgment to Bronx Construction Worker

Chuppah Deemed a "Structure" Under NY Labor Law, Says Appeals Court

In a unanimous decision, a NY appeals court held that a chuppah is a "structure" for purposes of NY's Labor Law, allowing an injured worker to recover.

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.

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.

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

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.

Brokaws Dismissed from Brooklyn Scaffold Accident Case

Published author of "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" (www.TheNewYorkAccidentBook.com), Long Island & Queens construction accident and personal injury lawyer Jonathan Cooper discusses a recent decision from a Brooklyn court that dismissed a scaffold accident case against celebrity Tom Brokaw and his family. For additional information on this topic, please contact Jonathan Cooper directly at his Nassau County office at 516-791-5700.

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.

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.

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.

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."

 

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.

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.

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.

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.

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