How current events impact your business and real estate holdings

Showing posts with label personal injury. Show all posts
Showing posts with label personal injury. Show all posts

Tuesday, February 23, 2021

Home Construction Injuries - How to Get Sued and Lose

Generally, homeowners are exempt from liability for construction-related injuries that happen in their home. 

However, homeowners become liable if they direct or control the method and manner of work. 

What does that rule mean to you?

The Appellate Courts, in O'Mara v. Ranalli, just taught us that it is a jury question where there is evidence that the homeowner did the following acts:

  • Supplied the ladders used by the contractors;
  • Being on site and giving direction nearly every day; and 
  • Deciding not to permit the installation of stairs from the basement to the first floor in the face of the contractor insisting that it was needed for safer and easier access to the first floor.

If you get called to jury duty on this one, how would you decide? Did the homeowner direct or control the method and manner of work? Should the homeowner be responsible for ensuing injuries?

Monday, February 08, 2021

Construction GCs Should Videotape Their Worksites to Avoid Lawsuits

Typically, when a construction worker gets injured on the job from an elevated fall, it's a slam dunk case against the GC. 

In fact, Labor Law § 240(1) imposes strict or absolute liability on general contractors, owners, and their agents regardless if the injured worker is partially at fault for falls at construction sites. 

The only real defense for the GC is that the injured worker was the sole proximate cause of the accident (called the, "recalcitrant worker" defense). But, how do you prove sole cause when everyone claims different facts? 

We just learned the answer in an appellate division case, Cordova v 653 Eleventh Ave. LLC.

The case was dismissed because "Surveillance footage of plaintiff falling from the ladder demonstrates that" it was solely the injured worker's fault. The ladder didn't move or shake, it was connected to the sidewalk bridge and scaffolding above and tied to the scaffold too. 

Moving forward, GCs should video your construction sites. It can save you a fortune. 

Friday, March 13, 2020

Attention Idiots - You will get sued if you ignore quarantines & expose others to COVID-19

Coronavirus is NOT a HOAX - idiots - you are killing people.

A lot of people ask me what the MPH stands for after my name - Master in Public Health.

Plus, that Esq. thing makes me a litigator.

I keep reading about unqualified people telling you about coronavirus - well, I'm qualified & maybe it's time that we go back to relying on a meritocracy where you listen to the ones with diplomas on the wall rather than some rambling buffoon. This blog should help motivate you.

Did you know that Courts have ruled that "[a] duty to disclose has been held to exist where the
defendant knew or should have known that he or she had a communicable disease?"

Under the NYS Public Health Law §2(1)(l), a communicable disease "means infectious, contagious or communicable disease." Further, pursuant to 10 NYCRR 2.1 "Severe or novel coronavirus" is designated as a "communicable disease".

Based upon established case law, if someone is infected with coronavirus from an idiot who breaks quarantine they should sue for negligent transmission of the disease. Silver v. Levittown Union Free School District

I'm talking to you, idiot who took the plane to Florida
I'm talking to you, idiot who went to the daddy-daughter dance
I'm talking to you, idiot who went to a business event

This is not a joke, a drill, a hoax, a conspiracy or something the Democrats are doing to Trump - this is life & death.

If that doesn't matter to you, I hope the fact that you now know that you will be sued changes your mind.

If it doesn't, did you know that NYS Public Health Law §2120 permits involuntary commitment of dangerous and careless patients? Plus, §2101 has reporting requirements for physicians, superintendents or officers of institutions, householders, hotel or lodging housekeepers, or any other person where a report must be made to the health officer of the local health district.

What this means is if you are a conspiracy theorist on coronavirus, we are watching you, we are reporting on you, we will sue you and you will be quarantined anyway. Get it?

Please respect quarantines - they matter!