(914) 220-1086A recent news release by the Occupational Safety and Health Administration, a division of the US Department of Labor, describes a raft of workplace safety violations by Dollar General Corp. and Dolgencorp LLC, which operate at least 18,000 Dollar General locations throughout the country. According to OSHA, its inspectors identified safety violations at four stores […]
Slip And Falls
NYC Commits to Subway Accessibility Upgrades by 2055
Last month New York Governor Kathy Hochul announced an agreement to improve accessibility in 95% of subway stations in New York City that currently lack elevators or ramps. According to a press release by the Metropolitan Transportation Authority, the agreement is part of a class-action settlement between the MTA and accessibility advocates. While it is […]
Unpacking the Eight Largest OSHA Fines So Far This Year
A recent report by Construction Dive unpacks the biggest fines issued by the Occupational Health and Safety Administration during the first quarter of 2022. The contractors who received these fines include DME Construction Associates, Boss Construction, Lanigan Construction, and Groundworks Colorado. The smallest of the eight largest OSHA fines identified by the report was a fine of […]
Study Shows Declining “Hire to Injury” Lag in Workplaces
A new ten-year study by Selective Insurance, “Workplace Injury Trends,” reveals recent declines in the average “hire to injury lag,” or the amount of time between an employee’s hiring and their reporting of a workplace-related injury. The study found that “employees are reporting a workplace-related injury 18% earlier in their tenure compared to 10 years […]
NYC Issues Almost 1,500 Stop Work Orders in Construction Safety Sweep
A New York City Department of Buildings safety sweep this month resulted in 3,600 violations and 1,499 stop work orders issued to construction contractors. According to a report by Construction Dive, the sweeps were launched because of a spate of construction site fatalities in the city, with seven workers dying in the first five months of 2021—two […]
Construction Workers At Higher Risk of COVID-19, Study Finds
A new study published online in JAMA Network Open finds that construction workers may be at high risk of Covid-19 infection. Conducted by researchers at The University of Texas at Austin and the Santa Fe Institute, the study asked whether construction work is associated with increased community transmission of Covid-19 as well as disproportionate fatalities in US construction workers. […]
Construction Site Safety Practices Evolve During Covid-19 Pandemic
How can construction sites maximize safety during the Covid-19 pandemic? A new column in the Philadelphia Business Journal offers lessons and best-practices from Philadelphia-area job ites. According to the column, that city’s chapter of the General Building Contractors Association started putting together safety protocols early in the pandemic, and took input from other industry stakeholders like the […]
Government Report Shows Illegal Construction Rampant in New York
A new government report on the construction industry shows serious defects in compliance across the state. Released by Senator James Skoufits, he says the report shows that, “Firefighters are going to die. Tenants are going to die if the state and local officials do not start prioritizing code enforcement.” According to the Senator’s ‘bombshell’ report, the problems […]
City Revokes Contractors License After Construction Worker’s Death
The Department of Buildings (DOB) is suing to revoke the license of a contractor allegedly responsible for the death of a construction worker earlier this year in Turtle Bay. According to The New York Daily News, Nelson Salinas was working on scaffolding halfway up a 14-story residential building when a coping stone was knocked loose by rigging used […]
Who is at Fault in a New York Slip and Fall Accident?
Slip and fall accidents are an unfortunate, common occurrence and can sometimes lead to serious injuries. While determining who is at fault in a slip and fall accident can depend on several different factors and circumstances, there are a few guideposts to help you determine who may be responsible for your damages. In short, whoever behaved “unreasonably” will […]
Brooklyn’s Barclay Center Sued for Dangerous Seating Area
Brooklyn’s Barclay Center has seen at least four lawsuits concerning the seats in Brooklyn’s most famous sports arena. The seats in the so-called “nosebleed” section are usually the cheapest, and now, according to lawsuits, also the most dangerous. Apparently, the steps are so steep that people are prone to miss a step and come crashing into […]
Plaintiff Loses Slip-And-Fall Claim By Failing to Submit Evidence regarding How She fell
In Giannotti v. Hudson Valley Federal Credit Union, plaintiff was a patron who brought an action against Hudson Valley Credit Union, seeking damages for personal injuries she sustained in a trip-and-fall accident in the credit union’s lobby. On April 16, 2013, the plaintiff walked with a Hudson Valley Federal Credit Union employee towards an office presumably to discuss […]
Defendant Fails to Submit Evidence of Last Inspection of Slate; Case Proceeds
The New York Supreme Court, Appellate Division, Second Department in Bergin v Golshani, 2015 NY Slip Op 06103 [130 AD3d 767], denied a defendant’s motion for summary judgment to dismiss a cause of action alleging negligence. In the slip-and-fall case, the plaintiff sought to recover damages for personal injury for defendant’s failure to inspect the area where plaintiff was injured. […]
Judge Sanctions Defendant Restaurant for Disposing of Umbrella That Fell on Patron
The New York Supreme Court, Appellate Division, Fourth Department affirmed a lower court order that punished a defendant restaurant for throwing away a key piece of evidence. The plaintiff was sitting on the outside patio of the defendant Raspberries Café & Creamery in Oneida County. The tables on the outside patio were shaded by large […]
Fourth Department Further Clarifies Assumption of Risk Doctrine in Dart Case
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court order that denied the defendants’ motion for summary judgment in a personal injury case involving a dart board at a bar. Mooney’s Sports Bar & Grill is owned by McCann’s, Inc. Daart Amusement is a company that manufactures and services dart boards for bars […]
First Department Upholds $250,000 Jury Verdict for Infant Injured by Projectile Rock
The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order that denied both the defendant’s motion for new trial and the defendant’s motion to reduce judgment interest rate in a personal injury case involving a lawnmower accident. An employee of the New York City Housing Authority was mowing a lawn using a […]
“Horseplay” Injury Claim Not Foreclosed by Assumption of Risk Doctrine
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying the defendants’ motion for summary judgment in a personal injury case involving horseplay in a pool at a party. The defendants hosted a party at their house. Around 1:00 a.m., the plaintiff joined some others in the pool. The pool was above-ground […]
Plaintiff Granted Partial Summary Judgment in Labor Law 240 Case
The New York Supreme Court, Appellate Division, First Department granted partial summary judgment to the plaintiff in a ladder / elevation case under Labor Law 240. The plaintiff was an electrician for Atlas-Acon Electric Service who was working on NBC property in New York City. The plaintiff ascended an A-frame ladder in order to replace the ballasts […]
NY Landlord Liable for Corroded and Dilapidated Stairs
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying summary judgment to a landlord sued by his renter after a nasty fall down the stairs. The plaintiff lived in a duplex owned by the defendant landlord. A set of exterior metal stairs at the building led to the front entrance. […]
Second Department Rules in Favor of Defendant School in Falling Debris Case
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied the defendant’s motion to dismiss in a personal injury case involving falling debris. The plaintiff was a teenage student at Locust Valley High School at the time of the accident. The plaintiff volunteered with the high school’s stage crew. On the […]
Property Owners May Still Be Liable For Injuries Caused By “Open & Obvious” Condition
The New York Supreme Court, Appellate Division, Second Department affirmed a trial court order denying a school district defendant’s motion for summary judgment after the plaintiff tripped over a pole vault box and sustained injuries. In 2010, the plaintiff went to Longwood High School to watch her niece’s softball game. While walking across a field at […]
Injury Law Report: Fall Case Dismissed By Second Department
The New York Supreme Court, Appellate Division, Second Department reversed a Trial Court’s order denying the defendant’s motion for summary judgment in a slip-and-fall bathroom case. The plaintiff was a frequent visitor at the Yonkers Racing Association. She had used the bathroom at the facility many times in the past. On the day of the accident, […]
Plaintiff Slip and Fall Case Dismissed for Testifying She Fell at Wrong Location
The New York Supreme Court, Appellate Division, Second Department dismissed a personal injury case against a building owner and Chinese restaurant when the plaintiff mistakenly sued the wrong entity. While walking down the sidewalk on Fifth Avenue in Brooklyn, the plaintiff tripped over a cellar door and fell, sustaining injuries. She brought a personal injury suit against […]
Defendant Landlord Failed to Establish It Was Not Responsible for Fall in Premises Liability Case
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that granted summary judgment to a defendant property owner in a slip-and-fall case that happened in a New York apartment. In 2010, the victim, now deceased, was walking through his apartment when he tripped on the wood floor and fell. He sustained […]
Appellate Court Holds School Not Liable for Snowy Slip-and-Fall
The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department reversed an order by the Supreme Court of Erie County that denied a school’s motion for summary judgment in a slip-and-fall case. Gilbert & Gilbert v. Tonawanda City School District and Mullen Elementary School, 1274 CA 14-01026 (Jan. 2, 2015) Midday on January […]
