14 THE COURIER SUN • JANUARY 28, 2016 FOR BREAKING NEWS VISIT www.qns.com REEL ON A RAMP 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. A: You appear to have an ironclad case under Labor Law § 240(1): a physically significant elevation differential had created a risk; and your 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 falling from a significant elevation. 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 NEW FOUR ONES Car Service Your COMPLETE Transportation Service 718.441.1111 BASE LIC #B00008 $3 OFF Airport Trips Good on any ride, any time when you use Four Ones Car Service. EXPIRES 5/31/16 AIRPORTS • PIERS • WEDDINGS Tired of the Rest? NOW YOU CAN AFFORD THE BEST! DRIVERS WANTED All Shi s Available The Pre-K Program at Precious Moments Offers: Early Morning Drop-off and Extended Day Hours 7:30-am to 6pm at Affordable Rates Bus Service at Affordable Rates Fully Secured Premises Parent Involvement Easy Transition to Kindergarten New York State Standards and Curriculum New York State Certified Licensed Teachers Class size limited to 18 students per class class Hands on Learning Learning (Common Core Practices & Work Sampling) Licensed by the NYC Department of Education & Bureau of Day Care Free, Full-Day, High-Quality PRE K FOR ALL Any child turning 4 years-old by December 31st 2016 Eligible to start Pre-K this fall! We also offer Infant and Toddler Day Care, Nursery School, Pre-K Classes And Bus Service. 2 to 5 Day Programs, Full or Half Day Available. Fabulous Appointed Classrooms - Very neat and clean environment - Fully secured Please call us for more details: 11-02 Clintonville Street, Whitestone, New York (718) 767-6655 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 © 2015 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
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