New York State’s highest court recently issued a ruling that may help many Buffalo area construction workers who are hurt while on the job. On February 11, 2010, the Court of Appeals ruled in the case of Gallagher v. New York Post that the defendant was liable for the worker’s injuries, and there was no factual issue to present to a jury regarding the issue of liability.
The plaintiff had been cutting a hole in decking on the second floor of a building when the blade stuck and he was propelled forward. He fell through an opening onto a temporary structure between floors and was injured.
Under New York State Labor Law, safety devices are required at construction sites when working at an elevation. Because the project manager had been told that safety harnesses were available and the ironworker was not wearing one, the defendant sought to have the case dismissed, arguing that safety devices were available but not used.
The tables were turned on the defendant, however, because the Court of Appeals found that there was no evidence that the workers themselves were ever informed that harnesses were available or had such safety devices directly issued to them. As a result, the Court of Appeals not only declined to dismiss the case, but found that the defendant was liable for the injuries to the defendant.
If you have been injured in the work place and have questions about what you should do to protect your rights, please feel free to call my office at 716-542-5444.
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