Edwin, by far the largest construction worker at the site, begins his morning
routine by ascending the scaffolding to the third floor. As a former professional
football athlete, he is more nimble on his feet than people suspect by
just looking at him. This is partially attributed to how much he works
out every day.
Although Edwin is used to climbing scaffolding every day, today is the
first time he is at the present location. The scaffolding was just erected
last night and appears to be fine; but one never knows until one gets
safely back to the ground!
Edwin takes one step onto the third floor planks and the flooring gives
way. The sound of his large body hitting the sidewalk below causes most
onlookers to turn white as paper.
Experienced Poughkeepsie, New York gravity-related construction accident attorneys know that New York Labor Law section 240 will help Edwin hold the offending
parties liable for his injuries. This statute, known as the Scaffolding
Law, can hold property owners, contractors, and subcontractors strictly
liable when laborers suffer an elevated fall.
Take the fictional story above and change the facts. Let us say that Edwin
was climbing a ladder instead of scaffolding. Do the laws of New York
protect Edwin now that he has fallen from a ladder? Yes, Edwin has some
protections. Again, section 240 of the Labor Law protects people when
they fall from elevated places.
Section 241 of the New York Labor Law will also help Edwin. Pursuant to this statute, contractors and property
owners must adhere to safety regulations set forth in Rule 23 of the New
York Industrial Code. If Edwin’s fall took place while completing
construction, excavation, and or demolition work, section 241(6) may afford
him compensation rights.
Even if these statutes did not protect Edwin, he could still sue the offending
parties under a theory of negligence. Negligence occurs when one person
owes a duty to another, but then breaches that duty to the point that
the victim is injured and suffers damages.
Of course, negligence must have been what caused the victim’s injuries.
Just as important, the victim must have suffered an injury that led to
damages. This means that the victim must have experienced pain and suffering,
medical costs, lost wages, rehabilitation costs, and the like.
Victims like Edwin will most certainly experience these types of damages.
A fall like his could cause multiple bone fractures, skull fractures,
concussion, lacerations, traumatic brain injuries, facial injuries, organ
damage, and soft tissue damage among many others. Months and years could
go by before he feels normal again. In fact, a fall like his could certainly
cause paralysis and even death.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.