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 accidents, slip and/or trip and fall accidents, auto 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:
- To Compete or Not to Compete: The Definitive Insider's Guide to Non-Compete Agreements Under New York Law
- When Schools Fail to Protect Our Kids
- When You Don't Have a Written Agreement
- Why Most Accident Victims Do Not Recover the Full Value of Their Claim
- Why Are There So Few Successful Defective Products Lawsuits?
8/18/2013
Comments (0)
Comments (0)
NY Appeals Court Denies Summary Judgment to Bronx Construction Worker
NY Appeals Court Denies Summary Judgment to Bronx Construction Worker
Category: Keyword Search: labor law 240(1)
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.
Category: Keyword Search: labor law 240(1)
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: labor law 240(1)
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: labor law 240(1)
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 ClaimsCategory: Keyword Search: labor law 240(1)
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: labor law 240(1)
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.Category: Keyword Search: labor law 240(1)
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.
Category: Keyword Search: labor law 240(1)
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.Category: Keyword Search: labor law 240(1)
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: labor law 240(1)
Labels: bronx construction site accident lawyer construction accident lawyer long island construction site accident construction site accident attorney Long Island jonathan cooper labor law 240(1) long island construction accident lawyer long island construction site accident attorney ny labor law 240(1)
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.Category: Keyword Search: labor law 240(1)
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."
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: labor law 240(1)
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: labor law 240(1)
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.Category: Keyword Search: labor law 240(1)
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.Category: Keyword Search: labor law 240(1)
Labels: construction accident lawyer long island construction site accident lawyer long island construction site safety hazard ny free book accident claims new york how to win ny construction site accident case jonathan cooper labor law 240 labor law 240(1) labor law 241(6) long island construction site accident lawyer
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: labor law 240(1)
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.Category: Keyword Search: labor law 240(1)
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.comCategory: Keyword Search: labor law 240(1)