52 The Queens Courier • REAL ESTATE • jUNE 11, 2015 FOR BREAKING NEWS VISIT www.queenscourier.com Legally Speaking By: Scott Baron, Attorney at Law ENTANGLED IN THE SHEETS Advertorial Q: The general contractor had given my employer a project that included affixing some plastic sheeting over the light fixtures. I selected the best A-frame ladder and made sure that it was in working order. I carried it to the area where I was to perform my work and set it up in just the right place. Along came a coworker. He was cleaning up the discarded plastic sheeting that littered the floor. He pulled a piece of the sheeting. This caused the sheeting to become entangled with my ladder. My ladder and me, we fell to the ground. A: As things turned out, the ladder was not unshakeable enough to do its job. Labor Law § 240(1) imposes upon the general contractor a nondelegable duty to provide safety devices necessary to protect a worker against gravity-related risks. The statute addresses the dangerous conditions that are posed by elevation differentials. It imposes absolute liability for any breach that has proximately caused injury. If the contractor seeks to argue that the coworker’s conduct somehow breaks the chain of causation, your attorney will respond that the coworker’s acts were not of an extraordinary nature. The coworker’s conduct was not a superseding cause. The contractor may also seek to question the manner in which you used the subject ladder. Did you fully open it, or did you simply lean it against something? Although you recall that you actually set it up, the defense may not be so quick to let the jury believe this. It is true that contributory negligence does not exonerate a contractor who has violated the statute and proximately caused your injuries. However, if adequate safety devices are provided and you choose not to use them, or misuse them, you might be deemed the sole proximate cause of your injuries, so that liability will not attach under section 240(1). 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 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 From complete room make-overs to home décor shopping services, ELIZABETH HOLMES DESIGN delivers dynamic and stylish interiors for residential clients. Take advantage of the many services offered by ELIZABETH HOLMES DESIGN, including: ► Kitchen and Bath Design ► Home Modi cations, Remodels and Additions ► Home Staging ► Furniture and Home Accessories Shopping ► Paint Color Selection ► Custom Drapery, Upholstery, Pillow and Bedding Fabrication To schedule a consultation, call 866.235.1651 [email protected] www.elizabethholmesdesign.com “United We Succeed” MAKING MORTGAGES EASY N0%-3% Down Payment on qualifi ed programs NDebt Consolidation on qualifi ed programs NMay help with low fi co scores on qualifi ed programs NRefi nance even if you owe more than what your house is worth (HARP) * N Reverse mortgages 888-888-5721 48-02 25th Ave., Suite 404 Astoria, NY 11103 *The interest on the portion of the credit extension that is greater than the fair market value of the dwelling is not tax deductible for Fed income tax purposes. The consumer should consult a tax adviser for further information regarding the deductibility of interest charges. This offer is made by United Mortgage Corp, Corporate Offi ce - 25 Melville Park Road, Suite 100, Melville, NY 11747, 800-462-4862, which is not affi liated with your current lender nor is it an agency of the federal government. United Mortgage Corp. is approved by HUD/FHA, Fannie Mae, Freddie Mac and Ginnie Mae. This is not a government form. This is not a credit decision or a commitment to lend. All proposals and approvals are subject to underwriting guidelines. Rates and programs are subject to change at any time. Licensed Mortgage Banker, New York Department of Financial Services - NYS Banking License # B500336 NMLS, Company Identifi er NMLS #1330. Branch NMLS# 1281062.
QC06112015
To see the actual publication please follow the link above