In New York, construction accidents continue to result in serious personal injuries and fatalities on a regular basis. A significant number of construction accident involve falling objects. As a New York construction accident lawyer Michael Joseph is familiar with Labor Law 240.
As a New York construction accident lawyer, any attorney who represents construction workers who sustain personal injury must be familiar with the hoisting and securing line of cases.
While a falling object does not in and of itself trigger Labor Law 240 liability, there is liability if the object fell because of an inadequate hoisting or securing device. Falling object liability under Labor Law 240 is not limited to objects that are in the process of being hoisted or secured, but extends also to objects that required securing for the purposes of the undertaking.
A recent New York Supreme Court case rejected the defendant’s argument that the failure to provide an adequate safety device was either impracticable under the circumstances or would not have prevented the accident. The Court held that the defendant must establish that no evidence that no safety devise could have prevented the accident.
Therefore, New York construction accident lawyers must be diligent in making sure that the New York courts continue to protect construction workers who sustain personal injury in construction accidents.
