10 THE QUEENS COURIER • AUGUST 10, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
Advertorial
Legally Speaking
By: Scott Baron,
Attorney at Law
Q: Down a plywood ramp, I walked backwards in front of a heavy reel of
wire. My coworker walked forwards behind it. Each of us was using both
hands. On a two-foot circular patch of ice, I slipped and fell. As a result,
my coworker lost control of the reel. The reel rolled over my shoulder and
neck.
You appear to have an ironclad case under Labor Law § 240(1): a
accident was a direct consequence of the absence of adequate protection.
Section 240(1) enumerates pulleys, ropes and other safety devices.
Apparently, none were used. As a result, you were struck by a heavy item
You also appear likely to have strong common-law negligence and
Labor Law § 200 claims. For example, the maintenance company must
present evidence of a cleaning or maintenance schedule with respect to the
ramps. Perhaps there is evidence that slippery ice on ramps was repeatedly
mentioned as a hazard. Your attorney will argue that the company had notice
of a recurring hazardous condition which routinely went unaddressed.
Even if the maintenance company claims that it used salt and calcium
chloride as de-icing agents, your attorney will try to show e.g. that these
agents were used only when it was necessary to shovel snow, but not in
conditions of lighter snow or rain.
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.
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