FOR BREAKING NEWS VISIT www.couriersun.com june 11, 2015 • The Courier sun 31 Advertorial Legally Speaking By: Scott Baron, Attorney at Law 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). 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 © 2014 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 185th Bouncy House 13 Free Child ID Zion Episcopal Church INTERNS WANTED NEWSPAPER IN QUEENS EDITORIAL & WEB [email protected] • 100% earned a New York State Regents Diploma with the majority earning a NYS Regents Diploma with Advanced Designation • Donated more than 90,000 hours in community service programs • 134 seniors completed one or more Advanced Placement courses from among 17 AP course offerings • 189 seniors completed one or more Honors Level courses THE CLASS OF 2015 HAS RECEIVED OVER $35 MILLION IN ACADEMIC SCHOLARSHIPS AND GRANTS (FIGURE AS OF APRIL 2015 AWARDS STILL BEING RECEIVED. THESE ARE ACADEMIC BASED AWARDS AND DO NOT REFLECT NEED BASED AWARDS) Sponsored by the Sisters of St. Joseph, Brentwood, NY Chartered by the New York State Board of Regents Accredited by the Middle States Association of Colleges & Schools 176-21 Wexford Terrace Jamaica Estates, NY 11432 • 718-297-2120 • www.tmla.org
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