74 THE QUEENS COURIER • JULY 18, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
HOISTED ON A CRANE
Q: On a large construction project, I was employed as a landscaper – performing
landscaping on a fifth-floor roof. A crane had hoisted up a 2,500-pound bag of soil, and I was in
the process of detaching the bag. While it was still attached, the crane lifted. My hand was
caught by the straps connecting the bag to the crane. The straps lifted me off the roof, and I fell.
A: Let us assume that the project had a construction manager (“CM”). Your attorney
will seek evidence that the CM (a) had approved the craning-operation plans and (b) could have
intervened in, and stopped, the operation – if the CM had observed an unsafe practice. Such facts
would indicate that the CM had direct authority over the craning operation. ‘Direct authority’
supports a claim of common-law negligence, i.e. under section 200 of the Labor Law. Your
attorney also will seek evidence that the CM (a) functioned as the eyes, ears and voice of the
owner with respect to site safety, (b) had broad responsibility for ensuring site safety, and (c)
oversaw the planning of the craning operation – specifically with regard to safety. Such facts
would support claims under Labor Law sections 240(1) and 241(6).
Section 240(1) appears to be applicable, because (a) your injuries flowed directly
from the application of the force of gravity to an object, namely, the 2,500-pound bag of soil, and
(b) sufficient protections appear to have been absent. Section 241(6) also appears to be
applicable, because (a) NYCRR 23-8.1(f)(5) provides that a mobile crane “shall not hoist, lower,
swing or travel while any person is located on the load or hook” and (b) it appears that the crane
traveled while you were attached to the load and that this violation caused your injuries.
Let us assume that the project also had an architect. Your attorney will seek evidence
that, much like the CM, the architect (a) was responsible for coordinating and supervising the
entire construction project and (b) was able to enforce safety standards and to hire responsible
contractors. If so, the architect too may be subject to liability under sections 240(1) and 241(6).
Respect.
Tradition.
Compassion.
For four generations, New York’s Jewish
Community has turned to Sinai Chapels for
guidance and comfort in their time of need.
We honor and respect all Jewish traditions
and customs, attending to every funeral detail
according to each family’s personal and
religious preferences.
To learn more, contact us today:
718.445.0300 | 800.446.0406
/WWW.QNS.COM
