FOR BREAKING NEWS VISIT WWW.QNS.COM MAY 9, 2019 • THE QUEENS COURIER 29
MEMORIALS BY PARKSIDE
Your Expression, Our Creativity
A monument is the opportunity to
perpetuate your memories of an
especially loved and revered family member
or friend. Memorial art is our way of helping
you to express that memory.
The monument you select will be a
personalized illustration of your tribute.
SHOWROOMS:
SHOWROOM:
98-60 Queens Boulevard
Rego Park, New York 11374
For Information or to Make an Appointment Call
PARKSIDE
98-60 Queens Boulevard
Rego Park, New York 11374
2576 Flatbush Avenue
Brooklyn, New York 11234
www.memorialsbyparkside.com 718-896-9100
THE HELPFUL HUSBAND Q: While renovating a lady’s house, I fell from a scaffold. Her husband alone
had signed the work contract with my employer and visited the site daily to deliver
materials and to monitor progress. In addition, he told me what work to do. The
husband provided the defective scaffold and a safety belt, instructing me to use them
to complete the work that led to my accident. A: Under section 240(1) of the Labor Law, an owner can be liable for failing to
furnish or erect scaffolding and other devices which give proper protection. Under
section 241(6), he or she can be liable for violating a provision of the Industrial Code.
Nevertheless, an owner of a one- or two-family dwelling used as a residence is exempt
from liability unless he or she directed or controlled the work being performed. The
homeowner’s exemption was enacted to protect owners who are not in a position to
realize, understand, and insure against the responsibilities of strict liability imposed
by these sections.
Even if the husband did not own the house, your attorney will argue that he
was an agent. A party is deemed to be an agent of an owner or general contractor
under the Labor Law when it has supervisory control and authority over the work
being done. It is not a defendant’s title that is determinative, but the amount of control
or supervision exercised.
Your attorney also is likely to argue that there was a violation of section 200
of the Labor Law, which codifies the common-law duty imposed upon an owner or
general contractor to provide construction-site workers with a safe place to work.
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