FOR BREAKING NEWS VISIT WWW.QNS.COM OCTOBER 26, 2017 • BUZZ • THE QUEENS COURIER 73
THE FALLING FENCE Q: At the time of my accident, I was employed as a carpenter on a
project to renovate a residence. Employees of the owner’s company had
erected a plywood fence around the construction site. A portion of this fence
fell over and hit me on the head. On the date of my accident, no work was
being performed. My employer and I were there just to retrieve some tools.
A: These facts seem to point to a lawsuit alleging common-law
negligence and one or more violations of the Labor Law.
In facts like these, Labor Law § 240 can sometimes apply. Because
the owner’s employees had erected the fence, your attorney might want to
argue that the owner was obliged to furnish safety devices there, to give
proper protection to the workers. However, you would need to show that, at
the time the fence fell, it was being hoisted or secured, or otherwise required
securing. Labor Law § 240 does not automatically apply simply because an
object fell and injured you. From what you say, the plywood fence was not
being hoisted, and it did not fall because of the absence or inadequacy of a
safety device.
On the other hand, Labor Law § 200 is very likely to apply. Section
200 is a codification of the common-law duty placed upon owners and
contractors to provide employees with a safe place to work. Apparently, you
were injured at a work site as a result of a dangerous premises condition. The
property owner’s liability under Labor Law § 200 and for common-law
negligence rests upon whether the property owner created the condition, or
had actual or constructive notice of it and a reasonable amount of time within
which to correct the condition. Given that the owner’s employees had created
the fence, your attorney appears to have a strong basis for arguing that these
conditions exist.
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