Construction Site Falls

On January 13, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Construction Site Falls

When a worker gets injured by falling into a trench on a construction site, liability may be more of a hurdle than most people think.  There are several facts surrounding the accident that will determine whether the contractor or property owner has liability.  One of the most interesting points of contention is whether covering the trench to protect the workers is inconsistent with an integral part of the job.  This would mean that covering a trench is not necessary if it would frustrate the purpose of the construction job itself.  The Court in Salazar v. Novalex Construction Corp., 18 N.Y.3d 134, 960 N.E.2d 293 (2011) gives us this conclusion.  Industrial Code violations necessary for assigning liability in certain labor law claims may depend on whether the uncovered trench is deemed to have been necessary to complete the job.

Obviously, there are other types of falls that can cause injuries on a construction site.  All falls do not involve trenches.  It is important to discuss the specifics with an attorney as soon after an accident as possible to put together a plan to prepare your case for litigation.  Time can be a major factor in preparing a case because evidence can be lost and or destroyed over time.  Construction sites are dynamic and demand immediate investigation in order to protect your interests.  Delaying can harm or even destroy your case.  Knowing exactly what information and investigation is necessary should be left to the expertise of your labor law attorney.  After discussing the investigation strategy with your labor law attorney, you will understand the value of the role the attorney plays in labor law litigation.

Labor Law Attorneys

If you or a loved one are injured in a construction site accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a labor law attorney.

Bicycle Accidents in New York City

On August 7, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

NYC Bicycle injuries

 

Unfortunately, people that live in congested cities like New York City take their lives in their hands when they choose to walk around their neighborhood or ride their bikes to work. Even when following all of the rules of the road, bicyclists are at risk of being struck by motor vehicles whose drivers simply don’t notice them. Sadly, when accidents happen, riders are seriously injured and even killed. This recent article by Joseph Stepansky is a reminder of how quickly a casual bike ride can become a devastating loss.

If you or a loved one were injured in a motor vehicle accident, whether as a pedestrian, a bicyclist or while you were in a vehicle, please call (516) 858-2620 to speak to with a Personal Injury attorney today!

Legionnaires’ Disease In New York City

On August 5, 2015, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Legionnaire’s disease is a severe form of pneumonia caused by bacteria found in water whose symptoms include cough, shortness of breath, high fever, muscle aches and headaches and in most severe circumstances death. The symptoms can often be confused with other illnesses. As we have seen in the recent news, the number of cases of Legionnaire’s disease in New York has increased exponentially over the past several years due to reasons including lack of regulation. While most healthy adults can recover from the disease with the use of antibiotics, elderly adults and children who have diminished or weakened immune systems are at particular risk from Legionnaire’s disease and should seek medical treatment immediately. The New York Daily News provided a great article authored by Erin Durkin , Erica Pearson , Larry Mcshane on New York City’s current struggle and it can be found here.

If you or a loved one are diagnosed with Legionnaire’s Disease, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak to a Personal Injury attorney today!

Interesting Legal Procedure Decision

On October 21, 2014, in Landlord-Tenant, Litigation, Personal Injury, by John A. Weber IV, ESQ.

countycourt2

 

Legal Procedure Decision

In Roseman v. Baranowski, 2014 NY Slip Op. 05635, the Second Department allowed Plaintiff leave to amend the summons and complaint in order to add a doctor as a defendant after EBT’s (depositions) were conducted.  Plaintiff’s reason to add the doctor was that the doctor was “united in interest” with the original Defendants.  The Court focused on the fact that the doctor being added either knew or should have known that he should have been included in the original action.  More specifically, using the relation back doctrine, the Court considered if the new Defendant had notice within the applicable statute of limitations period.  Hospital records listing work performed by new Defendant were used as proof of the new Defendant’s notice.

This case illustrates the importance of correctly bringing an action against all parties in interest.  Failure to include a party can be detrimental or fatal to your case.

As always, if you have questions regarding the commencement of an action, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Litigation Attorney today!

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