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QC02122015

FOR BREAKING NEWS VISIT www.queenscourier.com FEBRUARY 12, 2015 • BUZZ • THE QUEENS COURIER 75 plCaoyme with us! LICM receives support from the Institute of Museum and Library Services and New York State Council on the Arts with the support of Governor Andrew Cuomo and the New York State Legislature. Long Island Children’s Museum 11 Davis Avenue, Garden City, NY 11530 516-224-5800 • www.licm.org On Charles Lindbergh Blvd. (Museum Row) near the Nassau Coliseum White Star Limousine was founded in 1952 and has been family owned and operated for over three generations. Ask us about the specials we o er for you next special event WWHITESTAR LIMOUSINES 20 Jericho Turnpike, New Hyde Park, NY 516.233.2911 www.whitestarlimousine.com Legally Speaking By: Scott Baron, Attorney at Law FINISHING MY COFFEE Q: The roof of our home stood in need of a good power-washing. I called a handyman. Upon his request, I gave him our ladder, bleach and hose. Then I went back inside to finish my coffee. Soon I heard a thud: the ladder had slipped. I have no idea why. A: Labor Law § 240(1) imposes a nondelegable duty upon owners and contractors to provide safety devices necessary for workers subjected to certain elevation-related risks, while engaged in such activities as erection, demolition, repairing, altering, painting or cleaning. Fortunately for you, the statute includes a homeowner’s exemption – for the owner of a one- or two-family dwelling. As long as you did not direct or control the method or manner of the work, you qualify. Offhand, it sounds like you merely retained a limited power of general supervision – no more extensive than would be expected of the typical homeowner who hires a contractor. However, under general principles of negligence, you could be liable if you either created or had notice of whatever may have caused the ladder to slip. Was the ladder you gave him missing some screws? Was there a chance the handyman might place it above an underground cavern in which your son’s rock band was rehearsing? Such circumstances can make you liable. Advertorial 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 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878


QC02122015
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