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Supreme Court of New York Rules in Favor of Plaintiff’s Liability Claim in Summary Judgment for Damages Sustained After Fall; Parker Waichman LLP Responds
Date:10/22/2013

pe on the ninth floor of the building. After finishing, the coworker asked the Plaintiff to step back to see if the pipe was straight. As he stepped backward, the Plaintiff fell partially into a rectangular opening in the floor, falling through to just below his hips, including part of his right foot. The Plaintiff was further injured when he attempted to stop his fall by grabbing onto a metal stud with his right hand, which injured the tendons and nerves on four of his fingers on that hand.

The Plaintiff testified that the opening, which went through to the eighth floor below, had not been protected by any type of covering or barricade, court documents added. The Plaintiff also testified that he estimated the opening to be 1 foot by 2 feet in size and said that he was not aware of it prior to his accident. He had also observed that a piece of plywood, larger than the opening, was on the floor to the right of the opening – not covering it. His coworker, during his own deposition, confirmed the Plaintiff’s version of events.

“This decision is a simple example of labor law doing what it is supposed to do: It shifts the burden to the ones most capable of protecting the workers at a construction site – the owner of the property and the ones most in control of what is going on there,” said Raymond C. Silverman, a Partner at Parker Waichman LLP. “Labor Law § 240 (1) works; it is designed to provide exactly the kind of protection that it is providing.”

If you or a loved one have been injured in a construction accident, you may have valuable legal rights. To discuss your case with one of our lawyers who specializes in labor law, please view our Construction Accident Injury Lawsuit page or call 1-800-LAW-INFO (1-800-529-4636).

Contact:
Parker Waichman LLP
Gary P. Falkowitz, Managing Attorney

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