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The 39-foot, 1,300-pound rail fell only 12-16 inches onto plaintiffs right leg. It occurred when the plaintiff and his coworkers were using rail hooks to move the rail on top of another rail at the Steinway subway station in Queens. Upon the callman's signal, the plaintiff's coworkers began lifting the rail off the ground, but the plaintiff's hooks were not in place and he was not ready to begin lifting. This allegedly caused the team to lose control of the rail and resulted in the rail falling. Under this scenario, there is an issue of fact whether Labor Law 240(1) applies, holds the Second Department in Gutman v. City of New York, 2010 WL 4678914 (November 16, 2010).

The defendants contended that the 12-16 inch height differential was insufficient to implicate the Tagged with: Personal Injury Construction Accidents Construction Accident Labor Law Personal Injury Lawyer

Certain statistics from the Bureau of Labor Statistics (B.L.S.) of the U.S. Department of Labor preliminary results of its 2009 National Census of Fatal Occupational Injuries warrant more attention than in our last blog post. Thestudy contains specific tables analyzing fatal falls by the type of falls, fatal work injuries in the private construction industry by the type of work being performed, and the demographic relationship between workers and fatalities. Fatal falls by type of falls: From ladder - 20% From roof

Retaining walls are designed to hold back soil that would move to a more natural slope or incline if the wall was not in place. Every homeowner is required by law to maintain their walls and their properties in a safe condition at all times. Under the No-Penalty Retaining Wall Inspection Program, homeowners may call 311 to request an inspection of their retaining wall without the penalty of violations. Every once in a while you heara story in the news about a retaining wall that collapsed on a worker engaged in a construction project on an adjoining property where the worker is injured ordies. This years program may be more important than in other years because this years unprecedented rainfall could compromise the stability of retailing walls. As temper

New York City Buildings Commissioner announced an 84% decrease in fatal construction-related accidents in New York City in 2009 when compared to the previous year. However, the total number of construction-related accidents and injuries rose in 2009. The Department attributes the increase primarily to more accident reporting by industry members. The total number of reported construction accidents rose from 151 in 2008 to 224 in 2009, and the total number of reported injuries rose from 178 in 2008 to 246 in 2009. The Department also headed-off a conclusion that the decrease in fatal construction-related accidents was due to reduced construction activity due to the economy, noting that while initial perm

New York City didn’t get the snowstorm forecasted for this past weekend, but the City Department of Buildings issued what’s become its customary and standard warning to contractors to secure construction sites when the forecast calls for severe weather and gusts of high winds. A review of the Buildings Department’s website reveals that it has been routinely issuing such advisories on-line for several years. Yet just 2 weeks ago a 15-block area near City Hall Park was closed to pedestrians and traffic after high winds scattered debris from a nearby construction site where a 77-story tower is being built on Spruce Street.  A piece of metal was found two blocks away at City Hall Park.  The building received nine other violations over the past six months for failing to keep the construction area free of debris, and other  issues. The Buildings Department warning

There is a line of cases requiring that a construction worker either fall or be struck by a falling object in order for there to be considered a gravity-related risk so as to invoke the absolute liability provisions of Labor Law 240(1) (New Yorks Scaffold Law). No more. In Runner v. New York Stock Exchange, Inc., --- N.E.2d ----, 2009 WL 4840213 (decided December 17, 2009), the worker did not fall. Nor was he struck by a falling object. Instead,the workerwas injured because a makeshift counterweight system proved insufficient to control the force gravity exerted upon an 800-pound reel of wire the workers were moving

In Affri v. Basch, --- N.E.2d ----, 2009 WL 4030863 (November 24, 2009), the plaintiff was a neighbor of the defendant homeowner for whom he had previously provided handyman work. This time the plaintiff was performing renovation work including installing appliances. Plaintiff fell from a ladder while installing a vent on the roof and suffered injuries that required several surgeries. The defendants moved for summary judgment contending that the situation fell under the one or two-family dwelling exception of Labor Law 240(1) and 241(6). These sections except from its provisions owners of one and two-family dwellings who contract for but do not direct or control the work. The issue in the case was whether in inducing the plaintiff to install the vent through the Tagged with: Construction Accidents Construction Accident Labor Law Personal Injury Lawyer Accident Attorney

Thanksgiving Week brought two Court of Appeals decisions declining to apply the strict liability of New York State Labor Law 240(1) and 241(6). In the first case the Court held that these Labor Law sections are pre-empted by section 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA). In the second case the Court held that the defendants homeowners did not exercise sufficient direction and control over plaintiff's work to overcome the one or two-family dwelling exception found in Labor Law 240 and 241. The first case is discussed in this blog post; the second will be discussed in Part 2 of this blog entry. The LHWCA case, Lee v. Astoria Generating Co., L.P., --- N.E.2d ----, 2009 WL 4016121 (November 23, 2009), involved bodily injuries sustained by an employee of a company retained to perform an overhaul of gas turbine generating units situated on four barges stationed afloat on navigable wat

In 720-730 Fort Washington Ave. Owners Corp. v. Utica First Ins. Co., --- N.Y.S.2d ----, 2009 WL 3645656 (N.Y.Sup. 2009), an insurance policy was purchased to protect against injuries sustained by workers injured during roofing work. Somehow, the policy included three exclusions: an employee exclusion, an exclusion for roofing work, and an exclusion for any liabilities assumed under contract or agreement. Sure enough, during the construction work, an accident occurred in which an employee of the subcontractor was injured when a concrete block allegedly fell on him. The insurance company disclaimed coverage based upon the three exclusions and the building owner commenced a declaratory judgment action. The defendant insurer moved for summary judgment, dismissal of the plaintiffs complaint and a declaration that it has no duty to defend or

The Manhattan District Attorney on October 1, 2009 announced the indictment and arrest of 29 people and four corporations for enterprise corruption, bribery, bribe receiving, extortion, narcotics and firearms trafficking, and illegal gambling. Among the individual defendants are members and associates of the Cosa Nostra Lucchese Organized Crime Family (Lucchese Crime Family), including three inspectors formerly employed by the New York City Department of Buildings and two members of the Family ruling panel; three other former building inspectors; and individuals and companies in the construction and real estate industry. The District Attorney accused the mob of seeking to place associates in a government agency and influence the routine functions of that agency. The Mobs infiltration to supervisory positions within the Building Department is one thing that distinguishes this Tagged with: Construction Accidents Workplace Injury Construction Accident Labor Law Crane