NY Labor Law 240: For Lack of a Harness

Gary Silverstein October 19, 2015

New York Labor Law 240 provides various protections for construction workers and others doing tough physical work within the state. One element of this legislation regards workers who work up in the air or on scaffolds or ladders while building or repairing buildings. However, despite the apparent simplicity of this language, other elements of the statute and its usual interpretation in New York courts make things a little more complex. First of all, there’s the question of what constitutes “erection or repair of a building” as defined in the legislation. Some types of minor construction work and routine maintenance are not covered, and other questions

Widow sues 2 New York hospitals for husband dying twice

Gary Silverstein October 19, 2015

A widow filed a medical malpractice suit against two hospitals in Buffalo after one emergency room doctor pronounced her husband dead when he was still alive. She says that her husband might still be alive had the medical team paid attention to her.

10 Most Dangerous Jobs

Robert Wolff October 16, 2015

Construction workers often land on ‘top ten’ lists of most dangerous jobs across the country. That’s one reason why the state of New York has specific labor laws to protect these workers. In looking at workplace safety and the real risks that workers face on the job, media venues will sometimes look at statistical lists to determine which types of occupations are considered the most dangerous jobs in the country. In recent years, analysts have used these lists to express surprise that law enforcement individuals or those who are often considered to be doing explicitly high-risk work for higher pay and benefits are not actually

Safety in Construction and Public/Private Partnerships

Robert Wolff October 15, 2015

A construction project is often a detailed collaboration between numerous parties. That’s part of what makes construction law so complex. A report, “21st Century Construction/20th Century Construction Law” from the New York City Bar Association’s Construction Law Committee discusses some aspects of modern New York law concerning these elaborate arrangements. To begin, the paper goes over some terms commonly used in discussing construction and traditional methodologies that govern the process of implementing construction projects. After talking about “infrastructure,” which is a word that’s become much more popular in the last few decades, and discussing terms like “public works,” which has been useful in New York

What Defines a “Structure?” Wordiness in Construction Claims

Robert Wolff October 14, 2015

The law is often a wordy business and construction law is no exception. One interesting provision of New York labor Law illustrates this well. It’s the part of the statute that addresses special workplace protections for those who are erecting or maintaining a structure under New York Labor Law 240. The protections given by this statute are considerable and it’s a major part of how public officials view the delicate balance between the need for capital projects and a safe workplace. As lawyers utilize the statute, which is relevant to many construction injury cases, they find that the interpretation of what constitutes a “structure” is

Premises Liability – Duty of Care and Scope of Invitation

Robert Wolff October 14, 2015

Duty of Care When a person is injured on third party’s property, he or she may file a claim for damages. Premises liability defines the obligation the owner of a property has toward those who visit and use the property. Known as duty of care, the property owner needs to maintain the property in such a condition that it is considered safe for use by visitors. When the condition is not safe for standard use by visitors, an accident leading to injury on the property can lead to a premises liability claim. Different Types of Visitors There are three main types of visitors who enter

How to Strengthen Your Personal Injury Claim Immediately after a Bicycle Accident

Robert Wolff October 14, 2015

When a bicycle is involved in a collision with an automobile, the damages are serious and sometimes fatal. More New Yorkers ride on bicycles to avoid traffic congestion and bumper to bumper traffic. More than 10% of New Yorkers ride on bicycles. Even though various governmental and non-profits keep sensitizing motorists and road users regarding safety of bicyclists, collisions happen regularly leading to injuries, loss of property, and life. If you are injured in a collision with an automobile on the road, you can file a personal injury claim for damages. In order to strengthen your claim, you may have to establish liability through evidence.

A Trip and Fall Accident – What every Victim must Know

Robert Wolff October 14, 2015

A trip and fall occurs when your foot encounters an object on the ground quiet suddenly and unexpectedly, resulting in a fall to the ground. This is similar to slip and fall cases that produce nearly the same result and are considered ‘premises liability’ cases. In fact property owners are generally accountable for the injuries that happen on their premises, particularly if the underlying danger is not so obvious to the one who was injured, although the owner was aware of it. Dangerous situations such as changes in flooring, narrow stairs, torn carpeting, cracked sidewalks, or any hidden hazards might cause a trip and fall

The Basics of Negligence in Personal Injury Law

Robert Wolff October 14, 2015

Negligence is any conduct that falls short of the standards of behavior as established by the law of the realm, to protect others from unreasonable harm or risk. A person is said to have acted in a negligent manner, if he or she has deviated from the conduct that is expected of a reasonably careful person, acting under similar conditions. Two types of negligence Negligence is in effect a legal concept that is used to receive compensation for accidents as also injuries. It is in fact kind of tort and therefore a civil wrong, but it can be used as a criminal law too. Negligence

What You need to Know Before Hiring a Personal Injury Lawyer?

Robert Wolff October 14, 2015

It is better to hire a personal injury lawyer whose practice mostly involves representing personal injury cases. Lawyers could be practicing in other areas such as bankruptcy, divorce, child custody, and immigration besides personal injury. Yet, a specialist in the legal domain is always a safe bet whether it is personal injury or criminal law. A specialist comes with a wealth of experience in one particular practice and will have a 360° purview of the case. Clearinghouse Lawyers The best way to obtain a decent settlement is to go to the court. A clearinghouse lawyer tries to settle the case outside the court. In which

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blogs

NY Labor Law 240: For Lack of a Harness

Widow sues 2 New York hospitals for husband dying twice

10 Most Dangerous Jobs

Safety in Construction and Public/Private Partnerships

What Defines a “Structure?” Wordiness in Construction Claims

Premises Liability – Duty of Care and Scope of Invitation

How to Strengthen Your Personal Injury Claim Immediately after a Bicycle Accident

A Trip and Fall Accident – What every Victim must Know

The Basics of Negligence in Personal Injury Law

What You need to Know Before Hiring a Personal Injury Lawyer?

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