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INDUSTRIAL CODE VIOLATIONS

New York Courts are littered with Labor Law 241(6) claims that hinge on whether the correct industrial codes have been plead and supported with admissible evidence.  For a person injured in a construction accident, industrial code violations are probably the last thing on their mind.  Having a personal injury attorney familiar with Labor Law cases is obviously extraordinarily important in these situations.  Knowing what questions to ask and what evidence to track down can make the difference between a successful Labor Law claim and a failing one.

Construction accidents are often the result of a contractor or subcontractor’s failure to comply with the industrial code.  The industrial code exists to provide a safe work environment for construction workers as well as for those people who may be on or near the work area for other reasons.  Industrial Code violations are usually due to construction companies rushing to complete a job by a deadline or cut costs to increase profitability.  In New York, construction jobs are so competitive.  It is important that contractors do not put profit over safety.

Often times, construction accidents result in horrific injuries.  It is only right that the injured party be fairly compensated for their injuries.

Labor Law Attorney

When you or a loved one are injured in a construction accident, we will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.

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Construction Accident

The construction industry is a very dangerous industry for trade workers who often put their life and safety on the line when they go to work and risk construction accidents. In large cities such as New York City where new high rises are constructed on a weekly basis, developers, business ventures, owners, general contractors and sub contractors often place the bottom line ahead of worker safety. Most recently on September 1, 2016, we saw what can happen when owners and general contractors put money above safety. Two workers were severely injured when an “I” beam fell from the floor above where they were working and struck them. One workers leg was severely fractured and another worker fell through the floor onto the floor below suffering significant personal injuries.  Click here to see the story.

A construction accident is often times a catastrophic accident for the victim and their family.  The heavy machinery and dangerous conditions can be complicated by the failure of the contractor and subcontractors to follow safety protocol.  The laws in this area are complex and increases the importance of speaking to an attorney experienced in these matters.

Construction Accident Attorney

When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.

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Premises Liability

On September 15, 2016, in Personal Injury, Premises Liability, by John A. Weber IV, ESQ.

Premises Liability

This article is intended to give some insight into some interesting New York caselaw with regards to premises liability.

Eischelbaum v. Douglas Elliman, LLC, 52 AD3d 210 – a real estate broker does not possess the required level of control over a property they are showing to be held liable for dangerous conditions on the property.

Johnson v. City of New York, 7 A.D.3d 577 – when a property manager is furnished with violent crime statistics by housing authority police, a question of fact exists as to forseeability of crime and the need for security.

Singh v. United Cerebral Palsy of New York City, Inc., 72 AD3d 272 – where there is no exclusive service agreement for malfunctioning automatic elevator door for the premises, an issue of fact exists as to exclusive control and where premises liability lies.

These are a few of the issues that arise with premises liability actions in New York.  And the fact of the matter is that this type of personal injury action is very complex.  But, it is important to grasp premises liability concepts because not knowing where liability lies, can cost you a very lucrative award for injuries that are sustained at the premises.

The standard of care is that a landlord or property owner has a duty to maintain the property in a reasonably safe manner.  Other factors that arise in these cases are the duty to warn, relationship of plaintiff to the property (tenant, licensee, etc.), forseeability, dangerous conditions, defects in design or construction and actual and constructive notice.

Personal Injury Attorneys

If you or someone you know has been injured on a piece of property owned by another person, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney.

construction accident

Construction Accident Injuries

Very often, construction accidents on construction sites result in tragic injuries and even death.  Confusion as to who is liable for the injury deters some victims from seeking justice.  Although several subcontractors may be present on a construction site and their duties overlap; unraveling the mystery of liability can be accomplished by understanding the statutes and prior case law that have evolved to protect such construction accident victims.  Worker’s compensation law must also be sorted through before deciding to litigate.  If this tangled web of laws is properly sifted through, liability can be assigned and the construction accident victims and their families will be compensated for their injuries.

In recent years, the New York courts have been flooded with construction accident injury cases.  The New York times published an article on June 2, 2015 by

Construction victims and their families are not expected to understand the complex web of laws known in New York as “Labor Laws.”  Discussing these issues with experienced attorneys can reduce the confusion and let you know what rights you have.  Being injured on a construction site can lead to huge financial compensation if handled properly.

New York Construction Accident Attorneys

If you have questions about an accident occurred on a construction site, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

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