The Appellate Division, First Department held in the case McCrea v Arnlie Realty Co. LLC that an elevator under repair can be a “falling object” within the meaning of New York Labor Law 240(1). The Court upheld Summary Judgment to the inured plaintiff under Labor Law 240(1) stating: “The evidence here establishes that at the..
Category: Construction Accidents - page 3
In the case Viera v WFJ Realty Corp., the plaintiff was working on a scaffold, affixing aluminum siding to the roof of a grocery store. The plaintiff allegedly was injured when a piece of the siding that he was handling came into contact with overhead power lines, causing him to sustain an electric shock and..
Commonly known as the “Scaffold Law,” New York Labor Law 240(1) offers financial protection to construction workers who have suffered elevation-related injuries. The labor law places absolute liability-meaning that liability is imposed regardless of fault–on the property owner and general contractor when a worker suffers an injury due to a fall from elevation or is..
Falls from scaffolds are a common source of construction site injuries. Unfortunately, scaffold falls can cause catastrophic or fatal injuries. New York Labor Law Section 240 provides for damages for workers injured in elevation-related accidents, including accidents that involve worker falls and accidents caused by falling objects that strike workers. On Friday, May 20, 2016,..
Construction Accident in Brooklyn Seriously Injures Three Workers Construction accidents can range from minor to debilitating to fatal. Individuals who have been the victims of construction accidents may face a number of difficulties including physical limitations, debilitating injuries, emotional trauma and financial losses. As reported in the New York Post, three construction workers at a..
First Department Reverses Lower Court Decision Granting Summary Judgment to the City of New York Pursuant to Labor Law 240(1) and 241(6) In the case Siguencia v City of New York 2016 NY Slip Op 03108, the Appellate Division, First Department, reversed the Decision of the lower court granting summary judgment to the City of..
Construction Worker Injured When Truck Hits Crane in Morningside Heights On Monday, April 25, 2016 at approximately 10:30am, a construction worker was injured when the crane he was using was struck by a truck passing the crane on the street. This accident occurred on West 114th Street in Morningside Heights, New York. According to a..
Injuries and Legal Protection at Construction Job Sites in New York — NY Lawyer Jonny Kool explains In this video, our partner and expert on New York construction law explains injuries and legal protection for Construction Job Sites in New York: https://www.youtube.com/watch?v=220vXa0BrNE Have you or someone you love suffered a serious injury in a construction..
First Department Rules Where Plaintiff Is Sole Witness to Accident, He May Not Be Entitled to Summary Judgment Where Credibility In Issue In a brief decision, the Appellate Division, First Department ruled that a decision denying the plaintiff’s motion for summary judgment pursuant to Labor Law 240(1) was properly denied. In the case Smigelski v…
Cement Truck Crushes Man in Queens When Jack Fails A 30–year old man repairing a cement truck in Queens was critically injured Saturday when a jack failed and the huge vehicle fell on top of him. According to a report in the New York Post, the man was repairing the axle of the cement truck..