Celebrating Our 65th Year! Post Meridian Productions Inc. Digital Video Services. Recording & Editing Corporate and Personal Events Martin Ragusa Video Technician/Consultant NORTH SHORE TOWERS Of Mineola 272-59 Grand Central Pkwy. Floral Park, N.Y. 11005 Tel. 516-328-2113 • 718-279-4595 A Name You Can Trust Fax. 718-279-4597 • Email. [email protected] Since 1947 Hours: A Large Selection Of: Mon-Fri 7:30am-7pm • Leather • Shearlings Saturday: 8am-3pm • Cashmere • Sheared Furs (718) 229-2227 • Mink • Beaver • Sable •Designer Collections Shirt Launderers-Suede & Leather Specialists NEIDA GONZALEZ We Repair,French Dry Cleaning-Custom Tailoring North Shore Towers Mall Clean &ManagerDown & Gown Specialist-Shoe Repair Advertorial Restyle Legally Speaking By: Scott Baron, ALL WORk Attorney at Law Doneon LABOR LAW XVI (TRENCH) PreMiSeS Q: On a roadway excavation, the City had hired my employer as the prime contractor 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 the trench was not protected by any shoring or sheeting, it collapsed. Who should we sue, and who will pay? A: You need to commence a personal injury action against the City, alleging violations of sections 200 and 241 of the Labor Law. Section 200 merely codifies the common- law duty of an owner or general contractor to provide a safe place of work. Section 241 imposes a nondelegable duty upon owners, contractors and their agents to provide reasonable and adequate protection and safety to those employed in construction, the City and the engineer are at fault; the main question is as to apportioning that fault. 10-6; Sat., 10-5; North Shore Towers CourierHours: Mon.-Fri.,n.The City will probably commence a third-party action against the engineer seeking toIn a typical scenario, your negligence claim under section 200 will be dismissed, but excavation or demolition work. recover on theories of contractual and common-law indemnificatio your statutory claim under section 241 will proceed toward trial. It is likely that both shifted to the party actually responsible for the accident, either by way of a claim for evenings ByWhile the duty imposed by section 241 may not be delegated, the burden may be apportionment of damages, or by contractual language requiring indemnification. Appointment Suppose that the City was only vicariously liable for violating section 241, and that the engineer is the party actually responsible for the incident. In that case, the City is entitled 260 Jericho Tpke., Mineola to full common-law indemnification, and need not pay insofar asthe engineer can. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 www.tsontosfurs.com January 2013 5516-746-5500n718-738-9800, 914-337-9800, 1-866-927-48781750 Central Park Avenue, Yonkers, NY 10710Here, the information is general; always seek out competent counsel.The law responds to changed conditions; exceptions and variations abound. Copyright © 2012 Scott Baron & Associates, P.C. All rights reserved.
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