Keep Your Hands and Feet in the Ride at All Times

February 3rd, 2012

A number of years ago I was at an amusement park with my family.  While my sons and I were riding a roller coaster, my wife and her mother decided to go on the Sky Ride, a staple of many amusement parks, where patrons can view the park from above in a gondola/Ski Lift type device.  As the car they were in slowly made its way, providing a pleasant view, the leg from a patron in the car in front of them fell off landing on the ground below.  My mother-in-law who figured she was on the safest and gentlest ride in the park nearly had a heart attack.  It turned out that the leg that dropped was a prosthetic leg, and fell due to the pull of gravity as a result of the leg dangling from the ride. Luckily, the leg did not land on anyone, having dropped onto a fenced off grassy area, and was easily recovered, hopefully undamaged.  When I learned what had happened I jokingly told my family that the patron clearly did not heed the rules of the ride which clearly stated “Keep your hand and feet in the ride at all times”.

I bring this up because a 17 year old girl who was born without hands is now complaining that she was barred from riding the Kraken coaster in Sea World. 

While one must respect her desire to not be held back by her condition, sometimes safety must take precedence over valor.  According to Sea World the manufacturers guidelines require that a guest be able to grasp the pull down harness with at least one hand.  It is expected that a lot of safety testing occurs before a roller coaster is designed or opened for public use.  The failure of a ride operator to abide by the recommended safety guidelines of a ride would clearly open them to liability in the case of a resulting injury.  For example, a man with no legs who was allowed to ride the Ride of Steel Coaster at the Darien Lake Theme Resort was thrown from the ride. 

Most rides have height and/or weight limits posted.  But not every restriction can be posted and common sense must prevail.  Let’s hope common sense prevails here and the the young lady and the amusement park can work something out without dragging the media or the courts into the matter.  Perhaps a nice swim with some dolphins would calm everyone down.

 If you are injured in an accident at an amusement park or elsewhere please call us 1-800-LAWLINE (1-800-529-5463) to discuss your rights.   The lawyers at Zalman Schnurman & Miner will be happy to provide a free consultation on your personal injury claims.

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Posted in Premises Liability, Recreational Activities, Uncategorized | No Comments »

Injuries on Cruise Ships

February 2nd, 2012

The recent sinking of the Costa Concordia Cruise Ship with resulting deaths and injuries has brought the issue of the dangers of taking a cruise to the forefront.  While the risk of any given cruise ship sinking is relatively small, every traveller should be aware of the overall risks of taking a cruise.

 A cruise ship today is a floating city with all the dangers of travelling to any city.  Some of the staff and fellow travelers are untrustworthy and carelesness can lead to tripping and slipping hazards, and injuries.  Now, add to the equation that the ship may be rocking making it difficult to walk, that alcohol is flowing freely reducing people’s ability to make good decisions, and people are packed in tightly.  All of these factors can lead to people becoming sick or injured on a cruise ship.

As in any other location, people have been killed, assaulted,  raped and disappeared on cruise ships.  The difference though is that when one of these crimes happen at sea there is no local police to investigate.  Cruise ship employees involved in crimes are often quickly shipped back to their country of origin never to be seen again.  Cruise companies more concerned about their reputation, and avoiding litigation, than helping passengers, have been known to put up roadblocks to prevent victims of crimes from discovering who was at fault.

Similarly, passengers of cruises have been injured when they have triped and fallen over defective conditions, or slipped and fallen on spills or poorly maintained surfaces.  Passengers are exposed to bed bugs in cabins which have not been properly exterminated.  People have been burned by hot beverages spilled on them by waiters.  When someone is injured they will usually be first treated by the ship’s doctor who has an interest in protecting his employer, the cruise line.  When an incident report is made by the cruise line, they likewise have an interest in writing it in a way to protect themselves.  

The time and place in which a lawsuit may be brought against a cruise line is controlled by the  cruise line.  The ticket for the cruise usually limits the location where a lawsuit may be commenced.  The venue for the lawsuit is often different from where you live, or where the cruise sailed from, but a passenger is bound by the language in the ticket.  Likewise, the time to start a lawsuit is usually shorter than the statute of limitations for similar land based claims.  It is common for cruise lines to require that lawsuits against them be commenced within one year of the incident.  It is important to read the language on the ticket to find out exactly what your rights are.

It is important to use common sense when on a cruise and keep your wits about you to avoid putting yourself in a compromising position.  If you are injured in an accident or assaulted, due to the negligence or action of the ship’s employees it is important to report what happened and gather as much information as possible as you can.  The names of persons involved, witnesses, and responders should all be recorded.  Take pictures of the location and any injuries.  Note the time and place of the occurrence.  All such information will be helpful later.

If a crime has been committed you should contact the local authorities in the first port of call.  As soon as possible you should also contact a lawyer to advise you about your rights in bringing a claim against the cruise line.  Because of the shorter statute of limitations and venue considerations it is important to  contact an attorney as soon as possible.  If you try to deal with representatives of the cruise line on your own they will likely to string you along with offers of future ship credits or other benefits which are of little cost to them, while your time to sue expires.

In summary, while the sinking of a cruise ship is a rare event, injuries and accidents on cruise ships are not rare.  While, you may be able to reduce your likelihood of injury by using common sense and avoiding dangerous and compromising positions, injuries caused by the negligence or actions of Cruise Lines and their employees do happen on a too frequent basis.  If you are the victim of a crime or injured on a cruise ship you should take the above steps to protect your rights.

Zalman Schnurman & Miner is a New York Personal Injury Law Firm.   Call us at 1-800-LAWLINE (1-800529-5463) for a free consultation.  All cases are taken on a contingency fee basis and thus there is no fee unless there is a recovery.

If you have been injured while on a cruise ship do not hesitate to call to discuss your rights.

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Posted in Bed Bugs, Cruises, Slips, Trips and Falls, Uncategorized, Witnesses, Wrongful Death | No Comments »

New York Law on Injuries Caused by Dogs

January 25th, 2012

If you are or bitten or injured by a dog in New York, what are your rights? 

The law of the State of New York is that the owner of a domestic animal such as a dog who either knows or should have known of that animals’s vicious propensities will be held liable for the harm the animal causes as a result of those propensities.   Vicious propensities include the “propensity to do any act that might endanger the safety of the persons and property of others in a given situation”. 

Once knowledge of a vicious propensity is shown “an owner faces strict liability for the harm the animal causes as a result of those propensities.”  

Thus, if you are bitten by a dog, you must prove that the dog showed a prior propensity to bite, or at least to act aggressive.

Dogs are not entitled to “one free bite”. Vicious propensity may be shown by other means.  The facts of each case must be looked at.  Thus vicious propensity may be shown in certain circumstances where the dog has been known to growl, snap or bare its teeth.  Whether the owner restrained the dog, and how it restrained it may be potentially relevant.  The keeping of a dog as a guard dog may give rise to an inference that an owner had knowledge of the dog’s vicious propensities.

The breed of the animal alone is insufficient to raise a question of fact as to its vicious propensity.  It would be wrong for a court to take judicial notice that a pit bull has a greater vicious propensity than other dogs.

If you are knocked down by a dog and injured, you can sue for compensation for the injuries suffered if you can show the dog had a prior propensity to knock people down,or jump on them.

If you cannot show that the owner of the dog knew or should have known of the dog’s prior propensity to act in such a way as to cause injury, you will not be able to recover for your injuries. 

The prior acts of the dogs can be proven by testimony of the victim, the dog owner, neighbors, delivery people, veterinarians, Department of Health or Animal Control records, or by any other admissible evidence.

If you can show that the dog owner knew or should have known of the dog’s behavior which caused the harm, the dog owner will be held strictly liable for the injuries suffered.

The statute of limitations in a dog bite case in New York is three years.

If you have been injured by a dog you should contact an attorney to discuss your rights.  Zalman Schnurman & Miner are New York Personal Injury Attorneys who handle dog bite cases, and other injuries caused by dogs and animals.  They can be contacted for a free consultation at 1-800-LAWLINE (1-800-529-5463)

Zalman Schnurman & Miner handles all cases on a contingency fee basis, so there is no fee to you unless there is a recovery.

The information provided herein is for informational purposes only, and is not entitled as legal advice.  An attorney should be contacted to discuss any specific incident.

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Posted in Dog Bites & Animals, Premises Liability, Uncategorized | No Comments »

Slippery Black Ice Likely to Form on January 21 and January 22

January 21st, 2012

As I write this on Saturday morning January 21, 2012 the temperature is below freezing and the snow is falling, with an estimated 3 to 6 inch snow total in the New York City and Long Island area.  Later this afternoon the temperature is expected to rise to the upper thirties, which will cause some of the snow to melt or turn to slush.  When the temperature drops below freezing tonight the melted snow will turn to ice creating dangerous and slippery conditions on January 21 and  22, 2012.

Snow melt that re-freezes as ice is often referred to as black ice, as it can sometimes be hard to see, and blends in with the pavement.  However, just because black ice is hard to see does not mean that homeowner’s are not responsible for preventing, removing or warning of it, since its formation is foreseeable based upon the weather forecast.  In fact as I listen to the forecast on the radio they are warning of snow melting today and re-freezing as black ice tonight on January 21, and in the morning of January 22.

A slip and fall on black ice can be very dangerous for pedestrians since it is easy to lose one’s balance and fall.  Black ice can be very dangerous to motor vehicles since braking on ice may cause a vehicle to lose control resulting in a motor vehicle accident.

If you are a property owner you need to make sure that all of the snow is removed from your walkways, driveways and sidewalks.  Make sure that snow piled along the side of walkways, driveways and sidewalks are not piled in such a way that it can remelt on to those surfaces where it can re-freeze and form black ice.  If you pile snow in such a way you are creating a more dangerous condition than if you did nothing at all.

If you are a motorist, drive slow, and leave yourself plenty of time to come to a stop when braking.  Remember, you should be expecting slippery conditions.

If you are injured due to snow or ice you should contact a personal injury attorney experienced in handling snow and ice injury cases such as the law offices of Zalman Schnurman & Miner.

Zalman Schnurman & Miner are personal injury attorneys which handle accident cases including slips and falls on ice and snow, and motor vehicle accidents in hazardous weather conditions in New York.

The New York Personal Injury attorneys of Zalman Schnurman & Miner can be reached at 1-800-LAWLINE (1-800-529-5463).  Consultations are always free.  All cases are taken on a contingency fee basis and thus there is no fee unless there is a recovery.

If you are injured in NY due to ice or snow, or the formation of black ice, call the New York personal injury attorneys of Zalman Schnurman & Miner at 1-800-LAWLINE.

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Posted in Motor Vehicle Cases, Pedestrians, Premises Liability, Slips, Trips and Falls, Snow & Ice, Uncategorized | No Comments »

Zalman Schnurman & Miner on the Radio

January 11th, 2012

Starting this week you will be hearing advertisements for the New York Personal Injury Firm of Zalman Schnurman & Miner.

The ads are playing on 1010 WINS News. 

Feel free to contact us and tell us what you think.

Zalman Schnurman & Miner are NY Personal Injury Attorneys.  We handle all types of accident and injury cases.   Feel free to call us at 1-800-LAWLINE (1-800-529-5463) for a free consultation.

All personal injury actions are handled on a contingency fee basis – there is only a fee if there is a recovery.

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Health Club May be Liable for Failing to Use an AED

January 3rd, 2012

Is a property owner required to utilize an available AED to help save a life? Under certain circumstances an AED when available must be utilized or the business or property owner may be held liable for the results.

New York’s Appellate Division, Second Department (covering the counties of Suffolk, Nassau, Queens, Kings, Westchester and Rockland) recently held that a health club and a health club employee had an obligation to use an AED device in the gym, and can be held liable for a gym patron’s death.  Such decision appears to conflict with a ruling of New York’s Appellate Division, First Department (covering New York County, and Bronx County).  Both decisions interpreted statutes, which are discussed below.

NY’s General Business Law Section 627-a  requires gyms with more than 500 members to have an Automated External Defibrillator (AED) on the property, and someone trained to use it.  

Pursuant to NY Public Health Law §§ 3000-a and 3000-b], any public access defibrillation provider (which includes a gym), or any employee . . . of the provider who voluntarily and without expectation of monetary compensation renders emergency medical or first aid treatment using an AED to a person who is unconscious, ill or injured, shall be liable only pursuant to Public Health Law § 3000-a.

NY Public Health Law § 3000-a, “Emergency medical treatment” states that any person who voluntarily and without expectation of monetary compensation, renders first aid or emergency treatment . . . outside a hospital, doctor’s office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill or injured, shall not be liable for damages . . . for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries [or death] was caused by gross negligence on the part of such person.

The section also states that an entity that makes available an AED as required by law,  shall not be liable for damages arising either from the use of that equipment by a person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of . . . a medical emergency or . . .; provided that this subdivision shall not limit the person’s or entity’s . . . or emergency health care provider’s liability for his, her or its own negligence, gross negligence or intentional misconduct.

In the first Department case of DiGiulio of Gran Inc. d/b/a New York Health & Racquet Club on 8/25/2010 the court dismissed the case stating that:

[P]laintiff has not established a common-law negligence claim. The decedent, in regularly using the club’s treadmills, assumed the inherent risk of a heart attack that attends intense exercise …After the heart attack, the club’s employees more than fulfilled their duty of care by immediately calling 911 and performing CPR, had no common-law duty to use the AED, and could not be held liable for not using it.

Nor was the club vicariously liable for breaching a common-law duty of care that the employees had assumed by coming to Digiulio’s aid as “Good Samaritans.” Since the employees were providing emergency medical treatment to Digiulio, they could only have been liable for gross negligence (see Public Health Law § 3000-a [1]), which is “conduct that evinces a reckless disregard for the rights of others or ‘smacks’ of intentional wrongdoing” …The complained-of conduct—namely, James’s failure during an ongoing crisis to check whether the cabinet door was locked before searching for the key, and the treatment of Digiulio with CPR instead of the AED—does not constitute gross negligence.

Turning to the statutory claim, we reject plaintiff’s argument that General Business Law § 627-a implicitly obligated the club to use its AED to treat Digiulio.

However, the Second Department Appellate Court ruled differently in Miglino v. Bally Total Fitness of Greater New York on 12/27/2011.  In  that case the court stated:

Applying these principles, and inasmuch as there is no dispute that General Business Law § 627-a requires certain health club facilities to provide an AED on the premises, as well as a person trained to use such device, it is anomalous to conclude that there is no duty to use the device should the need arise. Stated differently, why statutorily mandate a health club facility to provide the device if there is no concomitant requirement to use it?

Thus, the Second Department in the case against Bally’s found that depending on the facts, Bally’s could be held liable for failing to use the AED device.  Further, the health club could not be held exempt for it’s own negligence under the Good Samaritan Laws, since the Good Samaritan Laws do not exempt certain professionals such as doctors and nurses, and in this scenario trained AED operators in Health Clubs, from their own negligence. Thus the case was allowed to proceed so that discovery could be conducted to develop the facts of the occurrence.  It is a sure bet though that Bally’s will continue to dispute that they have any legal responsibility and seek to have the case dismissed at a later stage.

There will no doubt be more discussion and cases involving New York’s Good Samaritan Laws, and their interaction with the laws requiring the presence and use of AED devices.  The NY Court of Appeals will need to eventually resolve the split between the Appellate Divisions.

If you or someone you know has been injured due to the failure to use an AED device you should contact a lawyer to discuss your rights.   Zalman Schnurman & Miner is a personal injury law firm that represents victims of accidents.  Feel free to call us for a free consultation at 1-800-LAWLINE (1-800-5295463).

The contents of this blog are for informational purposes only, and should not be considered legal advice.  For legal advice you should contact an attorney.  Zalman Schnurman & Miner P.C. is a New York personal injury law firm that handles all types of injury and accident cases.  We can be reached at 1-800-LAWLINE or (1-800-5295463).

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Posted in Good Samaritan Laws, Waivers & Releases, Gym & Health Clubs, Laws and Legislation, Premises Liability, Uncategorized | No Comments »

The Dangers of Single Unmarked Steps

December 28th, 2011

A single unmarked step can be a tripping hazard to the unwary, resulting in an unexpected fall.  Single step risers are against good and accepted safety, building and architectural guidelines.  When a pedestrian trips and falls due to an unseen single step serious injuries can result, because they are unprepared for the fall, and do not have time to prepare or protect themselves.

When there is a change in walking surface which is unexpected, it can result in a the person’s foot from falling out from under them resulting in a fall.  Single steps that are without visual cues can be a trap to pedestrians.

The single step riser has long been recognized as a potential hazard to pedestrians because of its difficulty of recognition, partially due to its brief span of transition. The primary accident cause is usually related to a change in expectation. When there are no visual clues provided, such as a handrail, the single step is especially likely to be undetected by pedestrian users. Also, if there is a similarity of surface colors and lack of contrast between the surface levels, the ability of the pedestrians to quickly perceive the transition is diminished. Safe practice is to consider the use of a ramp whenever one step risers are contemplated.

Changes of level greater than 1/2 inch should be transitioned by means of a ramp that complies with applicable Building Codes, Regulations, Standards or Ordinances.

Short flight stairs should be avoided where possible.  Single steps can be particularly dangerous when they are unmarked next to doors and entrance ways, and thus blocked from view.

In situations where short flight stair or a single step transition exists and cannot be avoided, obvious visual cues should be provided to facilitate improved step identification. Handrails, delineating nosing edges, tactical cues, warning signs, painting the edge “safety yellow”, contrast in surface colors and accent lighting are examples of some warning cues.

The use of visual cues such as warnings, accent lighting, handrails, contrast painting, or other cues to improve the safety of walkway transitions are recognized as effective controls in some applications. However, such cues or warnings do not necessarily negate the need for safe design construction.

Safe practice requires that potential hazards be highlighted to improve perception or removed to avoid a pedestrian encounter with an unexpected event. Commonly encountered trip hazards include a single step riser. Such trip hazards should be eliminated to provide an unobstructed surface or sufficiently highlighted to attract the pedestrian’s attention.

At Zalman Schnurman & Miner we have handled many cases where people have been injured as a result of falling from an unmarked single step.  If you have been injured due to the presence of a single unmarked step please call us at 1-800-LAWLINE (1-800-529-5463) to discuss your rights.

There is never a cost for a consultation.  All cases are handled on a contingency fee basis and thus you do not pay an attorney’s fee unless there is a recovery.

Zalman Schnurman & Miner are New York City Personal Injury Lawyers who handle trips and fall cases due to single step risers and other dangerous conditions. We also handle all other type of injury and accident cases in New York City, and the surrounding areas.

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Posted in Construction Accidents, Premises Liability, Sidewalk Cases, Slips, Trips and Falls, Uncategorized | No Comments »

Red Light Cameras as Evidence in Car Accidents

December 16th, 2011

Big Brother is watching.  More and more buildings have surveillance cameras on them that record everyday going ons, and incidentally record accidents as they happen.  Red Light Cameras that are in place to capture motorists who ignore red light signals.  However, the images they take can also be used to determine who was at fault for an intersection accident.

Many times when two cars or vehicles collide in an intersection both drivers will claim that they had the green light and that the other car ran the red light.  Without an independent eye witness it would be impossible to tell who was telling the truth.  However, when the collision takes place in an intersection where there is a red light camera, there will be definitive proof of who had the right of way.

While most government records can be obtained through Freedom of Information Laws, there is an exception for the red light cameras.  The cameras are usually maintained and monitored by independent third party contractors who the municipalities contract with. For example, in Nassau County, New York, the red light camera program is overseen by the Nassau County Traffic and Parking Violations Agency, but operated by American Traffic Solutions.  In a recent case where an insurance company tried to obtain the photographs taken by the red light camera, the court ruled that while the records cannot be obtained through the County, they can be obtained through the independent contractor.

The records are not maintained indefinitely so it is important to obtain them as soon as possible before they are erased or lost. 

If you are involved in a car or motor vehicle accident you should contact a lawyer as soon as possible to discuss your rights and make sure that a proper investigation is started as soon as possible.  Zalman Schnurman & Miner are New York personal injury attorneys that handle car accident cases, including intersection accidents, red light cases, rear end cases, and all other types of car accidents and other accident cases.

Please call us at 1-800-Lawline (1-800-529-5463) for a free consultation.  We handle all cases on a contingency fee basis, so there is no fee to you unless we obtain a recovery.

Zalman Schnurman & Miner P.C. is a New York Personal Injury Law Firm that handles cases in New York City including Manhattan, The Bronx, Brooklyn, Queens, Staten Island, and the surrounding areas including Nassau County, Suffolk County, and Westchester.

The information provided in this blog id for informational purposes only, and is not intended as legal advice.  For legal advice please contact a lawyer to discuss the specific facts of your case.

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Posted in Automobile Accidents, Car Accidents, Goverment Entities, Motor Vehicle Cases, Uncategorized, Witnesses | No Comments »

Will a Waiver of Liability hold up in Court?

December 8th, 2011

Recently, a reader of the blog was asked by her daughter’s girl scout troop to sign a waiver of  liability, which purported to relieve the Girl Scout Troop of all liability for damages, including that which may be caused by their own negligence.  She questioned whether such a liabilty waiver was valid.

In New York the waiver would not be valid where the participant was under the age of 18.  A person under the age of 18 can elect to nullify a contract signed by them.  A parent signing the document on behalf of the child will not change the result.  There are certain exceptions to this rule, but it would not apply to this case.

What about when an adult signs a waiver of liability for him or herself? Will that be upheld in court?

Such agreements are subject to close judicial scrutiny. The law frowns upon contracts intended to exculpate a party from the consequences of his own negligence and though, with certain exceptions, they are enforceable.

To the extent that agreements purport to grant exemption for liability for willful or grossly negligent acts they have been viewed as wholly void.

So, it has been repeatedly emphasized that unless the intention of the parties is expressed in unmistakable language, an exculpatory clause will not be deemed to insulate a party from liability for his own negligent acts.

Further, their are certain waivers and releases which are void as a matter of public policy under New York’s General Obligations Law, as seen in the following law:

§ 5-326. Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence void and unenforceable. Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable.

Thus, any waiver included in a contract or ticket for a gym, amusement park, swim club, or other recreational facility will not be enforceable where a fee was charged.

However, outside of those scenarios the waiver will be considered valid.  In fact such waivers have been upheld in NY where they have been signed by participants in bicycle races, and running races held on public roads, a mechanic working at a racetrack (as compared to a racer who paid a fee to participate), or where the participant was receiving instruction rather than participating in a recreational activity. 

When in doubt it is best o consult an attorney.  Also, keep in mind that just because a waiver may not be valid does not mean that you can recover for every injury.  One still must prove that the other party was negligent, and possibly that you did not assume the risks of the activity.

Zalman Schnurman & Miner is a New York law firm experienced in handling all type of accident cases including cases where people have been injured in recreational activities, at camps, schools, and sporting activities.    We will be happy to speak to you and offer a free consultation.

Zalman Schnurman & Miner P.C.  is a New York law firm that concentrates in personal injury actions  Learn more at www.1800Lawline.com, or contact us at 1-800-LAWLINE, or 1-800-529-5463

Zalman Schnurman & Miner P.C. handles personal injury actions in New York City, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, Suffolk County, Westchester County, and Rockland County.  We can often refer you to attorneys in other areas that we have worked with in the past.

The information provided here is for informational purposes only and is not meant as legal advice or to cover all possible facts or factors. An attorney should be consulted to discuss specific facts and laws.

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Posted in Boy Scouts, Good Samaritan Laws, Waivers & Releases, Gym & Health Clubs, Laws and Legislation, Recreational Activities, Uncategorized | 1 Comment »

Construction Worker Killed in LIRR Tunnel Project

November 23rd, 2011

This past weekend a construction worker, Michael O’Brien, was killed while working on the LIRR Grand Central Terminal access tunnel.  A piece of rock or cement fell on him.  He was working alongside his father at the time.  This unfortunate death is just another reminder of how dangerous it can be to work on construction projects.

Despite that fact that Mr. O’Brien was wearing all of his assigned safety equipment, it was not enough.  New York’s Labor Laws are supposed to protect construction workers from falling objects by requiring owners of construction projects and their General Contractors to protect construction workers on the job.  The New York Court of Appeals have stated that owners and GC’s must  ”shield the injured worker from harm directly flowing from the application of the force of gravity to an object or person”.  Obviously, an object falling on a person is harm from the application of the force of gravity.

Quite simply the MTA and their general contractors need to do a better job of keeping workers safe. 

The violation of the labor law will result in a sizable recovery for the worker’s family, but no amount of money can truly compensate them for the loss.

If you are or someone you know is injured in a construction accident in New York you should call an lawyer experienced in handling construction accident cases.  Zalman Schnurman & Miner PC is a law firm experienced in handling Construction Accident Cases, Wrongful Death cases, and other serious injury cases.  Call us at 1-800-LAWLINE (1-800-5295463) for a free consultation.

Zalman Schnurman & Miner P.C. are NY personal injury attorneys handling cases in New York City, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, Suffolk County, Westchester County, and Rockland County. We can often refer you to attorneys in other areas that we have worked with in the past.

The information provided here is for informational purposes only and is not meant as legal advice or to cover all possible facts or factors. An attorney should be consulted to discuss specific facts and laws.

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Posted in Construction Accidents, Uncategorized, Wrongful Death | No Comments »

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