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Fo l l o w U s !
RR006
CLEAN-UP
Q: I was employed by the owner of a residential condominium building,
responsible for such things as vacuuming and dusting the hallways, and cleaning
garbage rooms and stairwells. One day, to obtain a replacement light
bulb, I entered an internal staircase and walked down to a landing. It was
covered with construction dust. The hallways were being renovated, and I
tripped over a tool bag belonging to the general contractor, which I understand
was responsible for cleaning up after its own work.
A rep of the management company was overseeing the project. The
rep would interact with the contractor on a day-to-day basis, make decisions
regarding the work and get materials moved around so that there was clear
access to apartments and stairways.
A: Presumably, you have been receiving workers’ compensation, and so
may not sue your employer, the building owner. However, you appear to have
a strong case against both the contractor and the management company,
which appears to have served as an agent of the owner.
You will seek to prove such facts as that the rep oversaw the quality
of the work, told the construction workers when he was displeased, made
decisions about the work, was authorized to shut down the job if there was an
unsafe condition, and had spoken with the workers about not leaving tools
and construction dust in the common areas. In this way you can hope to
establish that the management company exercised general control, and so is
liable.
YOUR PARTNER IN THE
STRUGGLE FOR JUSTICE
JOHN J.
CIAFONE, ESQ.
MILLION DOLLAR ADVOCATES FORUM
THE TOP TRIAL LAWYERS IN AMERICA TM
Admitted in NY NJ
and Washington DC
Attorney At Law
25-59 Steinway Street
Astoria, NY 11103
718-278-3900
johnjciafone@yahoo.com
NYS Certifified EMT/EMS
Voted Best Attorney from
2017