Injuries and deaths resulting from ladder accidents are extremely common. According to the most recent CDC statistics, over the last decade, 81% of fall injuries treated in American ERs were resulting from falls from ladders. Ladders were also involved in 43% of all fall fatalities. Thousands of people are injured…
The Fourth National Safety Stand-Down to Prevent Falls in Construction kicked off Yesterday and will take place everyday this week in New York and all over the country. Employers in the construction industry are invited by OSHA, NIOSH and NORA to take a break and conduct a discussion or a workshop on…
A construction worker suffered critical injury in a ladder accident in New York. The accident happened on a construction site located on W. 17th Street near Sixth Ave in the Flatiron district in Manhattan. The hard hat was standing on a ladder, installing sheet rock on a ceiling frame when…
Shulem Benyosef suffered fatal injuries after he fell from a ladder at a construction site in Brooklyn, NYC. the 44 year old man was married and the father of two children. He was working on a rooftop at 449 20th Street in Windsor Terrace in Brooklyn when the accident happened.…
Personal injuries related to decorating such as falling from a ladder, lacerations and back strains are the most common decorating injuries reported by emergency departments during the months of November and December. There are about 250 injuries a day during the holiday season according to the Consumer Product Safety Commission.…
A man died in an elevator accident last July at the 49ers stadium construction site but OSHA recently concluded that Schindler Elevator Corp., the elevator Construction Company and project’s general contractor, Turner/Devcon, a joint venture between Turner Construction Co. of New York and Devcon Construction Inc. of Milpitas didn’t merit…
In Rodriguez v DRLD Dev., Corp., 2013 NY Slip Op 05548, The New York Appellate Division, First Department reversed the lower Court’s granting of summary judgment on her Labor Law § 240(1) claim holding that “it cannot be determined, on the extant record, whether plaintiff’s injuries were proximately caused by…
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 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…
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…