Recent Blog Posts
Falling Objects and Falling Workers: Both Fall Under New York Labor Law Section 240(1)
In the case of Naughton v. NYC, the plaintiff construction worker was injured when he fell fifteen feet while unloading bundles of curtain wall panels off a flatbed truck. The plaintiff was instructed to climb on top of the bundles to attach them to a crane for off-loading. Plaintiff’s request for a ladder was… Read More »
Does the Government Have a (Special) Duty to Protect You?
You might expect that the government should manage its property so that it is safe to use – a duty that is regularly imposed on private property owners. If a city builds and maintains a park, providing lighting and security personnel to afford a safe environment, you would think that the municipality would be… Read More »
Not Just the Usual Jerks You Experience on the Bus
If traveling on New York City buses, you should expect to encounter plenty of jerks along the way. No, not the people you meet; they are great. But the bus itself will jerk and jolt as it starts and stops, maneuvering from traffic to curb and back again. Some of these movements will be… Read More »
When is a Contractor Not a Contractor?
New York Labor Law 240(1) requires “contractors and owners and their agents” to provide scaffolds, ladders, hoists, and other safety devices to protect workers from gravity-related hazards, such as falls or falling objects, during construction projects, including erection, demolition, repairing, painting, and more. Section 241 places duties on “contractors and owners and their agents”… Read More »
Punitive Damages may be Appropriate for Hiding Medical Error in Medical Malpractice Case
In the case of Marsh v. Arnot Ogden Medical Center, the Appellate Division, Third Department has unanimously reversed a decision of the trial court dismissing the plaintiff’s punitive damages claims against a doctor and medical center in a medical malpractice wrongful death lawsuit. In this case, a patient in the hospital was mistakenly injected… Read More »
Noseworthy versus Negligence Noseworthy Wins
Two competing legal doctrines recently went head to head, or nose to nose, in the New York trial and appellate courts. The first legal principle is one established in the 1948 New York decision of Noseworthy v. City of New York. In that case, the court held that the plaintiff in a personal injury… Read More »
Late Notice Allowed in Claim Against City
In a typical personal injury action, you have up to three years from the date of the accident to file a lawsuit against the negligent defendant. Once this statute of limitations passes, you can be prevented from ever filing suit against the defendant and recovering compensation for the damages caused to you. When the… Read More »
Defendant May Be Absolutely Liable, But Plaintiff Must Still Prove Case
When a construction worker is injured due to a violation of New York Labor Law by the contractor or property owner, the owner or contractor may be held strictly liable for the damages caused. This notion of strict liability or absolute liability relieves the plaintiff of having to prove some elements of the case…. Read More »
Plaintiff Fractures Wrist while Defendants Point Fingers
When a worker is injured on the job due to a violation of New York Labor Law, someone other than the worker may be liable for the damages caused. But determining who that “someone” is can be complicated matter, and the potential “someones” often go to great lengths to make sure the responsible “someone”… Read More »
New York Labor Law and the Slippery Notion of Notice for Negligence Claims
When somebody slips and falls or otherwise sustains an injury due to a dangerous condition on another’s property, a crucial question regarding the property owner’s liability is often whether the owner had notice of the dangerous condition but failed to take adequate steps within a reasonable time to prevent injury, such as by fixing… Read More »
