STEP ? Renovations”AdvertorialLegally SpeakingBy: Scott Baron,Attorney at LawSReasonable PricesWE CAN HELP YOU!Wheelchair Lifts • In-House LiftsWheelchair Lifts • In-House LiftsRamps • Automatic Door Openers • ChairliftsRamps • Automatic Door Openers • ChairliftsRenovations” “Accessibility without “Accessibility without RAMPS/LIFTSWE CAN HELP YOU! Steel & Aluminum Wheelchair Ramps Reasonable PricesLABOR LAW XVI (TRENCH)STRAIGHTSTAIRLIFTSFOR BETTER LIVING INC. • Stair Lifts• Bath Lifts•Automatic Door Openers Q: On a roadway excavation, the City had hired my employer as the prime contractorRAMPS/LIFTS$3000UNDERAquatic Lifts•Chair Lifts•Stair Climbers• FOR BETTER LIVING INC.for the work. It had hired an independent engineer to perform inspection services in connection with the project. I was ordered to go into the trench to dig by hand. Because Ramps • Automatic Door Openers the trench was not protected by any shoring or sheeting, it collapsed. Who should weSteel & Aluminum Wheelchair RampsWe have long and short-term solutions homes wheel chair accessible. Call us • FREE •Aquatic LiftsChair LiftsCall for asue, and who will pay?Stair Climbers Wheelchair Lifts•• In-House Lifts• Chairlifts• for families who need to make their today to learn about a system that will fit your home and budget. without Bath Lifts•Automatic Door Openers You need to commence a personal injury action against the City, alleging violationsA:of sections 200 and 241 of the Labor Law. Section 200 merely codifies the common-Estimate•Stair Lifts•“Accessibility Under contract to the Mayor’s office for People with Disabilities.Renovations” law duty of an owner or general contractor to provide a safe place of work. Section We have long and short-term solutions excavation or demolition work.718.605.2626241 imposes a nondelegable duty upon owners, contractors and their agents to providereasonable and adequate protection and safety to those employed in construction,HELP YOU!WE CAN for families who need to make their recover on theories of contractual and common-law indemnification.Fax: 718.967.2365Reasonable PricesThe City will probably commence a third-party action against the engineer seeking to homes wheel chair accessible. Call us RAMPS/LIFTS FOR BETTER your statutory claim under section 241 will proceed toward trial. It is likely that bothIn a typical scenario, your negligence claim under section 200 will be dismissed, buttoday to learn about a system that will fit your home and budget. shifted to the party actually responsible for the accident, either by way of a claim forWhile the duty imposed by section 241 may not be delegated, the burden may beLIVING INC.the City and the engineer are at fault; the main question is as to apportioning that fault. Steel & Aluminum Wheelchair Ramps • Stair Climbers • Chair Lifts • Aquatic Lifts apportionment of damages, or by contractual language requiring indemnification.Under contract to the Mayor’s office for • People with Disabilities. Suppose that the City was only vicariously liable for violating section 241, and that theAutomatic Door Openers • Bath Lifts• Stair Lifts Call us today to learn about a system that will fit your home and budget. Here, the information is general; always seek out competent counsel.need to make their homes wheel chair accessible. 718.605.2626the engineer can.The law responds to changed conditions; exceptions and variations abound.engineer is the party actually responsible for the incident. In that case, the City is entitledto full common-law indemnification, and need not pay insofar asWe have long and short-term solutions for families who 718.605.2626 Copyright © 2012 Scott Baron & Associates, P.C. All rights reserved.1750 Central Park Avenue, Yonkers, NY 10710159-49 Cross Bay Boulevard, Howard Beach, New York 11414Fax: 718.967.2365718-738-9800, 914-337-9800, 1-866-927-4878Fax: 718.967.2365 Incredible Support That Will Never Be Forgotten Sinai Chapels respects all Jewish traditions and customs, has a compassionate staff that is second to none, and has three generations of experience serving New Y rk’s Jewish families.o Preplanning • lic courier Sinai Preplanning protects your family from unexpected expenses and making complex choices at a most difficult time. Y ur wishes are reflected in a unique and personal service. Costs are reasonable, all budgets are accommodated, ando your investment is FDIC insured. Our staff Rabbi is available to answer your questions. For a no obligation consultation january 2013 at our office or in your home, please call us. Sinai Chapels 26 www.queenscourier.com • 162-05 Horace Harding Expressway, Fresh Meadows, NY 11365 718.445.0300 or 800.446.0406 We are here 24 hours, to serve your family. We offer FDIC insured pre-planning. www.JewishFunerals.com
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