Construction safety week starts on April 29th and the New York Department of Buildings will host the 2013 Build Safe | Live Safe Conference at the New York Marriott Downtown in Lower Manhattan. During this conference participants will get an overview of recent trends and future development in The New…
On April 10, at 11 a.m. EST, OSHA’s Director of Construction Jim Maddux, and NIOSH’s Director of Construction Safety and Health, Dr. Christine Branche, will co-moderate a webinar to discuss ways of stopping the leading killer of construction workers – falls from heights. To register for the free webinar and…
The talus bone is one of the most important bones of the ankle joint. It is the rounded bone at the top of the foot. Because of its location, the talus can be easily fractured after falls from heights such as falls from ladders and scaffolds in construction accidents or…
By Anthony Gair; (A) THE RECALCITRANT WORKER DEFENSE (1) A BRIEF HISTORY In order to understand the break from precedent by the Court of Appeals in 2004, it is useful to understand the history of the recalcitrant worker defense. For years the leading recalcitrant worker case was Smith v. Hooker…
In this presentation Anthony Gair, covers the State of the Law of New York Construction Site Accidents – Labor Law Section 240 as of December, 2012. This video is from “Construction Site Accidents: The Law and the Trial 2012” seminar by the Continuing Legal Education program of the New York…
In this video, New York Construction Accident Lawyer Howard Hershenhorn explains how to prepare for the opening statement. He also delivers an example of opening statements for both the plaintiff and defendant based on an accident which occurred at a building renovation project. This video is from “Construction Site Accidents:…
In this video, New York injury lawyer Ben Rubinowitz demonstrates direct examination by plaintiff’s attorney of an adverse witness. In this example Chris Sallay plays the witness, Robert Hoover, a site foreman with experience in the construction industry. For the fact pattern upon which this is based click on extended…
In this one hour and a half Lawline.com Webnar Anthony Gair discusses the current state of New York Construction accident law under Section 240(1) of The New York State Labor Law. Among the topics discussed are a brief history of Section 240, the most important cases over the last several…
By Anthony H. Gair; In Wilinski v. 334 East 92nd Housing Development Fund Corp., 18 N.Y.3d 1, 935 N.Y.S.2d 551 (Ct. Apps. 2011) The New York Court of Appeals rejected The Same Level Rule first enunciated by The Court in Misseritti v. Mark IV Constr. Co., 86 NY2d 487, 657…
This is a picture of the boom collapse at One57, New York City on October 29, 2012. Given the fact that it was well known that Hurricane Sandy was approaching New York City one has to wonder why this crane boom was allowed to remain partially boomed out. Why didn’t…