Premises Liability

On September 15, 2016, in Personal Injury, Premises Liability, by John A. Weber IV, ESQ.

Premises Liability

This article is intended to give some insight into some interesting New York caselaw with regards to premises liability.

Eischelbaum v. Douglas Elliman, LLC, 52 AD3d 210 – a real estate broker does not possess the required level of control over a property they are showing to be held liable for dangerous conditions on the property.

Johnson v. City of New York, 7 A.D.3d 577 – when a property manager is furnished with violent crime statistics by housing authority police, a question of fact exists as to forseeability of crime and the need for security.

Singh v. United Cerebral Palsy of New York City, Inc., 72 AD3d 272 – where there is no exclusive service agreement for malfunctioning automatic elevator door for the premises, an issue of fact exists as to exclusive control and where premises liability lies.

These are a few of the issues that arise with premises liability actions in New York.  And the fact of the matter is that this type of personal injury action is very complex.  But, it is important to grasp premises liability concepts because not knowing where liability lies, can cost you a very lucrative award for injuries that are sustained at the premises.

The standard of care is that a landlord or property owner has a duty to maintain the property in a reasonably safe manner.  Other factors that arise in these cases are the duty to warn, relationship of plaintiff to the property (tenant, licensee, etc.), forseeability, dangerous conditions, defects in design or construction and actual and constructive notice.

Personal Injury Attorneys

If you or someone you know has been injured on a piece of property owned by another person, call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a personal injury attorney.

construction accident

Construction Accident Injuries

Very often, construction accidents on construction sites result in tragic injuries and even death.  Confusion as to who is liable for the injury deters some victims from seeking justice.  Although several subcontractors may be present on a construction site and their duties overlap; unraveling the mystery of liability can be accomplished by understanding the statutes and prior case law that have evolved to protect such construction accident victims.  Worker’s compensation law must also be sorted through before deciding to litigate.  If this tangled web of laws is properly sifted through, liability can be assigned and the construction accident victims and their families will be compensated for their injuries.

In recent years, the New York courts have been flooded with construction accident injury cases.  The New York times published an article on June 2, 2015 by

Construction victims and their families are not expected to understand the complex web of laws known in New York as “Labor Laws.”  Discussing these issues with experienced attorneys can reduce the confusion and let you know what rights you have.  Being injured on a construction site can lead to huge financial compensation if handled properly.

New York Construction Accident Attorneys

If you have questions about an accident occurred on a construction site, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

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Crane Collapse in NYC

On February 5, 2016, in Personal Injury, by Timothy B. Prakope, Esq.

Crane collapse

Another Crane Collapse in New York City


Today there was yet another crane collapse in New York City. This crane collapse occurred in the Tribeca area of Manhattan and killed at least one person and injured several others. Over the past 10 years there have been several deadly crane collapses in New York City.  Investigations into to these crane collapses have revealed that some of the cranes collapsed due to negligence and even criminal negligence.

I have read many reports on crane collapses. In some cases the crane inspectors were negligent and chose not to report problems and issues that they noted. In other cases, there was little meaningful oversight of crane equipment and broken crane parts were not properly repaired.

I was involved in litigation surrounding the April 3, 2012, crane collapse. This crane collapse occurred during the extension of the No. 7 subway line.  At that time, I worked as an associate for Jeffrey Manheimer, Esq.  We represented the family of a young man who was crushed to death when a 170 foot crane collapsed onto the job site. Jeff and I successfully recovered a significant sum for his family. However, no amount of money would ever replace the hole that his death left in his family’s heart.

When people fail to do their job, when crane owners and construction company owners fail to take the proper precautions to keep their equipment and workers safe, and when inspectors turn a blind eye to violations – people die. It ruins lives and families. Sadly, these types of tragedies happen on an almost daily basis in the construction industry because construction is a very dangerous occupation.

If you or a loved one is injured as a result of a construction accident or a work-place accident, you need aggressive attorneys to fight for you. The attorneys at Vaughn, Weber & Prakope work hard to bring justice to the injured and hold those responsible accountable. Please call our office for a free consultation (516-858-2620).

 

Construction Site Falls

On January 13, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

Construction Site Falls

When a worker gets injured by falling into a trench on a construction site, liability may be more of a hurdle than most people think.  There are several facts surrounding the accident that will determine whether the contractor or property owner has liability.  One of the most interesting points of contention is whether covering the trench to protect the workers is inconsistent with an integral part of the job. This would mean that covering a trench is not necessary if it would frustrate the purpose of the construction job itself. The Court in Salazar v. Novalex Construction Corp., 18 N.Y.3d 134, 960 N.E.2d 293 (2011) gives us this conclusion. Industrial Code violations necessary for assigning liability in certain labor law claims may depend on whether the uncovered trench is deemed to have been necessary to complete the job.

Obviously, there are other types of falls that can cause injuries on a construction site.  All falls do not involve trenches.  It is important to discuss the specifics with an attorney as soon after an accident as possible to put together a plan to prepare your case for litigation.  Time can be a major factor in preparing a case because evidence can be lost and or destroyed over time.  Construction sites are dynamic and demand immediate investigation in order to protect your interests.  Delaying can harm or even destroy your case.  Knowing exactly what information and investigation is necessary should be left to the expertise of your labor law attorney.  After discussing the investigation strategy with your labor law attorney, you will understand the value of the role the attorney plays in labor law litigation.

Labor Law Attorneys

If you or a loved one are injured in a construction site accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a labor law attorney.

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