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!
Injured on Construction Site
Labor Law §240(1), sets forth,
“All contractors and owners and their agents…shall furnish or erect, or cause to be furnished or erected for the performance of such labor scafolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” (Emphasis added).
If you are injured due to a safety device not specifically listed in the statute, you may still be covered by the term “…and other devices.” The New York Court of Appeals has taken the stance that this statute is to be construed liberally so as to fulfill the legislatures intention in enacting the statute. .Zimmer v. Chemung County Performing Arts, Inc., 65 N.Y.2d 513, 493 N.Y.S.2d 102 (1985).
Labor Law Attorneys
If you or a loved one have been injured in a construction accident due to the lack of a safety device, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Labor Law attorney today!
Municipal Liability for Injuries
An interesting decision came down in September of 2014 involving municipal liability claims. In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions. The Plaintiff-decedent was attacked and killed in a parking garage owned by the city. The Plaintiff rented the parking spot from the city on a monthly basis. The city had the obligation of providing a minimum level of security in it’s proprietary function as a commercial property owner. The city’s function as a commercial property owner has nothing to do with its functions as a governmental body. Therefore, the city was not entitled to summary judgment based on governmental immunity.
Personal Injury Attorneys
As always, if you have a question involving a possible injury or wrongful death claim, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a litigation attorney today.