16 The Courier sun • january 29, 2015 FOR BREAKING NEWS VISIT www.couriersun.com ENTANGLED IN THE SHEETS 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). SAVE THE DATE 02.26.15 CONFERENCE NETWORK AND LEARN FROM EXPERTS IN THE QUEENS REAL ESTATE MARKET PRESENTED BY: IN ASSOCIATION WITH: BREAKFAST & NETWORKING: 8:00AM-8:45AM KEYNOTE SPEAKER: 8:45AM-9:00AM PAT FOYE, EXECUTIVE DIRECTOR, PORT AUTHORITY OF NY & NJ PANEL DISCUSSIONS: 9:00AM-11:00AM • Why Big Investments Are Being Made in Queens • Experiences in Queens Real Estate • Insider’s Perspective: Ridgewood/Bushwick Register online at www.queenscourier.com/reconference TICKETS: $55 each TABLE OF 10: $500 SPONSORED BY: MAIN STREET RADIOLOGY TEL: (718) 428-1500 - FAX: (718) 428-2475 • www.mainstreetradiology.com • Conveniently located near public transportation • Valet Parking • Night and Weekend appointments available • Most Insurance Plans Accepted • We are in your neighborhood and speak your language NEW! WESTERN QUEENS 72-02 Northern Blvd. Jackson Heights, NY 11372 DOWNTOWN FLUSHING 136-25 37th Ave. Flushing, NY 11354 BAYSIDE (NORTHERN BLVD.) 44-01 Francis Lewis Blvd., Bayside, NY 11361 BAYSIDE (32 AVE) 32-25 Francis Lewis Blvd., Bayside, NY 11358 IN YOUR NEIGHBORHOOD WITH ADVANCED IMAGING Quality, Comfort And Safety For Our Patients DEXA (Bone Density), Interventional Radiology, X-Ray and PET/CT Scanning In a fully supportive environment by a multilingual staff. Most Insurance MAIN STREET RADIOLOGY is a full service Medical Diagnostic Imaging Center offering: MRI, MRA, OPEN MRI, CT/CTA, Nuclear Medicine Nuclear Cardiology, Ultrasound, Doppler, Mammography. BOARD CERTIFIED FELLOWSHIP TRAINED RADIOLOGISTS David Rogers, M.D. William G. Wolff, M.D. Shirley Bassiri, M.D. Carolyn Boltin, M.D. Lawrence Carl, M.D. Kornylo D. Chorny, M.D. John DeRosa, M.D. Jan Eubig, M.D. Yong H. Hahn, M.D. John Iraj, M.D. Anthony Italiano, M.D. Ari Jonisch, M.D. Barry Kanner, M.D. Alice Kim, M.D. Han Kim, MD. Jeffrey C. Lee, MD. K. Lin, M.D. Maura Noordhoorn, M.D. Steve Okon, M.D. Brijesh Reddy, M.D. Bobbi Ring, M.D. Eric Rios, M.D. Lawrence Schechter, M.D. Jack Scheiner, M.D. Wales Shao, M.D. Harry Tsou, M.D. Stanley Yang, M.D. Lai Ming Yu, M.D. 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 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 TERRACE ON THE PARK • 52-11 111TH STREET • FLUSHING, NY 11308 For Sponsorship/Exhibitor Opportunities or to purchase tickets call 718.224.5863 ext 237 or email: dplagakis@queenscourier.com
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