Working in the field of construction can be a dangerous way to earn a living. While there are some situations in which accidents happen (and injuries result) due to no one’s improper action or inaction, at other times that’s not the case. In certain circumstances, a worker’s injuries may occur because that worker wasn’t provided with a safe workplace. When that happens, the worker may be entitled to recover a money judgment due to the violation of New York laws regarding safety at construction sites. An experienced New York construction accident attorney can provide you with the representation you need if you’ve been hurt on the job at a construction project.
An example of this type of case was the injury lawsuit filed by Richard, an electrician working on a home renovation project in Westchester County. One wintry day, Richard slipped and fell on an icy portion of the driveway that led to the front steps of the home. The electrician sued the homeowners and the general contractor on the project. The homeowners were residing outside New York when the electrician’s accident took place.
There are several statutory sections in New York’s Labor Law that may allow you to win a construction accident lawsuit and recover damages to compensate you for the harm you suffered. In your construction accident case, it is important to assert as many legitimate bases as possible for recovery, in order to give yourself a good chance of success.
In Richard’s case, he initially put forward claims based on two statutes: Sections 241(6) and 200. While the claim under Section 241(6) was not a success, the courts concluded that he could proceed with his claim that was based on Section 200. Section 200 mandates that you, as a worker, must receive a reasonably safe place to work. Construction injury cases that workers bring using this law generally fall under two broad categories. One category relates to the way in which the work was performed. The other pertains to “dangerous or defective premises at a work site.”
Richard’s case was an example of the latter. Even though the homeowners were living out-of-state when the accident occurred, the law still allowed the electrician to sue them (in addition to the general contractor) for dangerous premises. That’s because New York law says that homeowners have a legal obligation to provide workers with a safe place to work and to keep their property in a safe condition. That obligation exists even if the homeowners are away from the home when the renovations are taking place.
The homeowners sought, in Richard’s case, to have the lawsuit thrown out before trial. This motion for summary judgment by the homeowners would have needed clear evidence that they were not negligent in order to succeed. The court pointed out that the homeowners did not offer proof that the driveway was not in an unsafe condition. The homeowners also did not offer evidence regarding the last time that they, or the company they hired to do snow removal, inspected the driveway. Without this type of evidence, the homeowners weren’t entitled to a summary judgment, and Richard was entitled to proceed to trial.
The skilled Queens construction accident attorneys at Newman, Anzalone & Newman have many years of experience working on behalf of workers injured in construction accidents. We have the knowledge and resources you need to give your case the representation it deserves. To schedule a free consultation with one of our qualified attorneys, contact us toll-free at 877-754-3099 or through our website.
More Blog Posts:
How Evidence of a Defective Device Can Help You Win Your New York Construction Accident Case, New York Personal Injury Lawyers Blog, Dec. 13, 2017
Worker Wins New York Construction Injury Lawsuit After He Shows that the Opposition’s Proof of His Negligence was Merely Speculative, New York Personal Injury Lawyers Blog, Nov. 8, 2017