FOR BREAKING NEWS VISIT www.couriersun.com APRIL 4, 2013 • THE COURIER SUN 51 Legally Speaking By: Scott Baron, Attorney at Law Opening Week DOWN IN THE MUD TICKETS Advertorial Q: At the bottom of a muddy excavation pit, I was standing on a pallet. At the direction of my foreman, I raised a heavy pipe above my head, to move it to higher ground. My pallet shifted in the mud, and the pipe fell upon my shoulder. My employer is the excavation subcontractor. The mud was a result of water coming from our machine. Should I sue the general contractor? A: Although every G.C. possesses general supervisory authority, you need to prove that the G.C. exercised actual supervision and control over your activity. Most likely, the G.C. had no direct involvement in the performance of your work and in the manner in which the excavation equipment was used. Your attorney would want evidence that G.C. people were present at the time of your accident, or supplied you with equipment, or conducted safety meetings, or exercised supervision beyond general oversight and coordination of the subcontractors. Even if the G.C. was generally aware of the uneven ground, of the debris and of the fact that your employer’s machinery used water and might even hit a water source in the course of its drilling – this provides only general notice of potential conditions. That is not enough to meet your burden. 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 © 2013 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 AS LOW AS $12 APRIL 1-4 vs. PADRES MONDAY 1:10PM MAGNETIC SCHEDULE PRESENTED BY SNY WEDNESDAY 7:10PM THURSDAY 1:10PM APRIL 5-7 vs. MARLINS FRIDAY 7:10PM SATURDAY 1:10PM WALL CALENDAR PRESENTED BY SUBWAY SUNDAY 1:10PM DRAWSTRING BAG PRESENTED BY MLB NETWORK MR. MET DASH FOR KIDS PRESENTED BY BANANA BOAT Citi and Arc Design is a registered service mark of Citigroup Inc. Our job is making sure no longer goes that waste to waste. Find out more at ThinkGreen.com Energy creation. Recycling programs. Closed-loop solutions. Those are just a few of the innovations we’re delivering for customers and communities alike. We live in a world where things can no longer go to waste. That’s why Waste Management is working to get the most from resources. It’s good for business and the environment. ©2012 Waste Management, Inc.
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