76 The Queens Courier • BUZZ • may 14, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com OF BAYSIDE ALL HANDS ON DECK Q: At the entrance to my workplace, there is a wooden deck. It is three-feet high and the best place for a break. As I leaned against the wood handrail, it came loose from the masonry exterior and gave way. I fell to the ground. The deck had been constructed about a year earlier, on a concrete slab. Can I sue the contractor? A: Everyone knows that a handrail can suffer repetitive stresses, such as vibrations, weather conditions and workers who need a place to sit. You will need to show that these stresses, and others, were thoroughly foreseeable to the contractor. You may want to depose the contractor’s employee who actually put up the deck. Presumably, he will testify as to his experience and how he determined in what way to proceed – like, what fasteners to use in attaching the handrail. Perhaps, when the deck was completed, he and another worker checked its strength by shaking the handrail, finding it to be secure. On your behalf, a construction expert might give her opinion that the fasteners used to attach the handrail to the building were inadequate and violated industry standards. Possibly, your expert will be able to testify that the contractor’s methods violated a building code, in some specific respect. In this manner, you will seek to establish that the contractor’s construction of this deck amounted to the active launching of a force or instrument of harm – a type of misconduct that mitigates the fact that the construction contract was never, directly, with you. YOU WILL FEEL GREAT WITH OUR SAVINGS EYESUPPLY WELCOMES BACK NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS. OVER 300 UNION & HEALTH PLANS ACCEPTED! ACCEPTING MOST INSURANCE PLANS. We Accept: Blue Cross Blue Shield, Blue View NYC Council of Carpenters & most Eyemed Insurance. WE ARE A GVS PROVIDER Please call us to see if we accept your insurance. NO-LINE BIFOCALS Progressive Lenses w/Metal Frames $9999 Progressive Lenses (No-Line Bifocals) w/Metal Frames $16999 With coupon*. Expires 5/31/15 *SOME RESTRICTIONS APPLY. MAY NOT BE COMBINED WITH ANY OTHER OFFERS, PROMOTIONS, SPECIALS, UNION OR INSURANCE PLANS. COUPON MUST BE PRESENTED AT TIME OF SALE. 2 PAIRS OF GLASSES $6999 With coupon*. Expires 5/31/15 Donate Your Old Frame Get $100 OFF VARILUX DOCTOR IN: MON., WED., FRI., 10-5:30, TUES. & THURS. 11-7:30, SAT 10-4:30 39-25 BELL BLVD., BAYSIDE • 718.279.2020 exam not incl’d With coupon*. Expires 5/31/15 exam not incl’d And Towards Your Purchase of Frames Some Restrictions May Apply. With coupon*. Expires 5/31/15 exam not incl’d www.eyesupplyofbayside.com Buy 1 Pair of Glasses Receive 1 Pair of Equal or Lesser Value* Exam included with purchase of Glasses. Limited Time Only! Legally Speaking By: Scott Baron, Attorney at Law 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 © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Avenue, Yonkers, NY 10710(718) 738-9800, (914) 337-9800, 1-866-927-4878 QC Expires 6/21/15
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