26 THE QUEENS COURIER • NOVEMBER 7, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
DISTRACTION
Q: As part of a renovation project, I was installing sprinklers in the space above a grid for a dropped
ceiling. The ceiling tiles had not yet been inserted into the grid. The roof was 16 feet above the floor. The grid
had been installed midway between the floor and the roof. It hung just below the tops of the building’s interior
walls, which were six inches wide.
So that I could install sprinklers in the space above a hallway, my supervisor directed me to place
a scaffolding board from the top of one of its walls to the top of the other – to create a platform that I could
stand on. The electrical contractor had run wires on top of these walls. While stepping backward on top of one
wall – in order to reposition the board so that I could install the next sprinkler – I tripped over a wire and fell
through the grid to the floor.
A: Section 240(1) of the Labor Law imposes a nondelegable duty upon owners and general
contractors to provide safety devices to protect workers from elevation-related risks. The owner and the
general contractor may argue that there were ladders at the site and available to you. Your attorney may
respond that you were performing the work in the only way possible, and add that no one from the general
contractor sought to stop you from working as you did.
Section 200 of the Labor Law is a codification of the common-law duty of an owner or general
contractor to provide you with a safe place to work. Your attorney is likely to argue that the wires constituted
an ‘inherently dangerous condition’. The defendants might respond that the wires lying on top of the walls,
over which you tripped, were typical for a construction site and not a dangerous or defective condition for an
unoccupied space. The defendants might argue that the hazard posed by the wires was ‘open and obvious’.
Your attorney is likely to respond that the hazard was actually a ‘trap for the unwary’ given that you were
confronted by distractions.
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
Flushing Cemetery has completed construction of the
Memorial Chapel Mausoleum
Families now have the options of inurnment of cremated remains and
crypt entombment as means of interment and memorialization.
It is with great pride and pleasure that
the Board of Trustees of Flushing Cemetery
Association announces
the opening of its newly constructed
Memorial Chapel Mausoleum.
The 75 acre countryside cemetery,
lovingly referred to as the
Wonderland of a Million Blooms,
has provided a beautiful resting place
for those who have passed on since 1853.
In addition to its nearly 3400 niches,
the Memorial Chapel Mausoleum
will provide Flushing Cemetery the ability,
for the fi rst time in its 165 year history,
to off er families the option of crypt
entombment in a community mausoleum.
General Manager John Helly stated,
“With cremation rates in New York expected to be
over 50% by the year 2022 and with many cemeteries
facing the reality of dwindling land acreage,
our new mausoleum, with its options of niches and
crypts, will allow Flushing Cemetery to serve the needs
of our community for decades to come”.
Those looking to inquire can call the cemetery offi ce at 718-359-0100
/www.memorialsbyparkside.com
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/www.memorialsbyparkside.com