Advertorial Legally Speaking By: Scott Baron, Attorney at Law THE HELPFUL HOMEOWNER Q: I am a handyman, skilled in installing siding. A homeowner had recruited me to assist the general contractor and instructed me to follow his directions. I was supposed to use a makeshift scaffolding-ladder contraption. He had already erected it, with components supplied in part by the owner. All in all, for my job, she had supplied much of the materials and essential equipment. I understand that, when the owner first saw the scaffolding, she objected that it looked unsafe. The owner then offered to rent scaffolding that was more suitable, but the general contractor assured her that the contraption was safe. As I worked, it collapsed. A: In a scaffolding case, Labor Law § 240 provides for liability against all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work. This exception does not seem to apply here, because it appears that this owner directed and controlled the work. She provided the equipment. She was involved. Implicitly, the owner acknowledged her responsibility for worker safety. The general contractor, too, is on the hook. Under the Labor Law, the contractor is deemed authorized to exercise direction or control over you and the injury-producing work, irrespective of whether he actually did so. He should be sued, as well. The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Viillllaaggggiioo 2012 Come See Our Sun Room Holds Up to 35 People For Your Party Look to us at a time when compassion and trust are needed the most. N e w l y R e n o v a t e d F a c i l i t i e s • Chapel, Family Gathering & Graveside Services Available • Arrangements Can be Made in the Comfort of Your Own Home • Live Broadcasting of Funerals Over the Internet • Monument and Inscription Services Available On-site • FDIC Insured Pre-Arrangements • On Staff Rabbi to Answer All Questions Call 24 Hours a Day, 7 Days a Week 718-896-9000 or 1-888-860-8616 10 lehavre Courier | june 2016 | www.qns.com PARKSIDE MEMORIAL CHAPELS INC. 98-60 Queens Boulevard • Forest Hills, NY Other Chapels Located in Rockville Center, Woodbury, Brooklyn, and in Florida in Dade County, Broward County, Palm Beach Counties www.parksidememorialchapels.com of the THE QUEENS QueensCourier.com Let Us Cater Your Next Party Fine Italian Cuisine • Traditional Brick Oven Large Selection of Wine & Beer Open for Lunch and Dinner 7 Days A Week 150-07 14th Road • Whitestone 718.747.1111 www.villaggiohome.com Become a fan On Facebook.com For Special Offers
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