brooklyn personal injury lawyers
brooklyn personal injury lawyers
POLITICO New York Playbook: GOVS’ tunnel plan — GE cutting NY jobs — BLOODY … – Politico
POLITICO New York Playbook: GOVS’ tunnel plan — GE cutting NY jobs — BLOODY …
FRONT PAGES — NYT, 1-col. above the fold: “OBAMA CONSIDERS TALKS WITH PUTIN ON SYRIAN CRISIS: A Personal Cold War: Trip to U.N. May End President’s Isolation of Russian Leader” — WSJNY, 4-col. above the fold: “Rail Tunnel Plan Advances” … But of …and more »
Police Brutality Cases Embraced By Personal Injury Attorneys Looking For Big … – International Business Times
International Business Times
Police Brutality Cases Embraced By Personal Injury Attorneys Looking For Big …
International Business Times
Chris Fitzgerald, an attorney in New York City who focuses on civil rights and personal injury litigation, compared what phone cameras are doing for the justice system and civil rights now to what television did for civil rights in the 1960s, with the …
Drones buzz around LAPD chopper, crash into US Open and football stadiums – Naked Security
Drones buzz around LAPD chopper, crash into US Open and football stadiums
Daniel Verley, a teacher at the Academy of Innovative Technology in Brooklyn, is facing charges of reckless endangerment and operating a drone in a New York City public park outside of a prescribed area. The drone reportedly buzzed around the court in …
Scaffold and Ladder Injury Cases and the New York’s Workers …
New York’s Workers Compensation Law generally prevents an employee hurt on the job from suing his or her employer. However, when a worker is injured in a ladder or scaffold accident, he or she may have a right to recover damages even if his employer was the only negligent party.
New York’s Workers’ Compensation Basics
If you are injured on the job in New York, you automatically qualify for Workers’ Compensation and your employer should file for you immediately. Workers’ Compensation will cover your medical expenses and reimburse you for cash losses. If you must miss more than 7 days of work due to a work-related injury or illness, Workers’ Compensation will partially reimburse your lost wages. The amount you receive will depend upon your average weekly wage for the previous year. The maximum amount paid cannot exceed $500 per week.
You can click here to go to the information on New York’s Workers’ Compensation program. You can click here to go to the New York State Workers’ Compensation Board web site.
Ladder and Scaffold Cases
New York State Labor Law (Section 240 and 241) grants special protections to workers injured while working on ladders or scaffolds. These provisions also protect construction workers hurt by objects falling from a ladder or scaffold. This section of the Labor Law aims to improve worker safety.
This exception applies as long as the incident meets four criteria:
- The accident occurs during the construction, demolition or repair of a building or structure.
- The accident involved the use of the following devices: ladders, scaffolding, hoists, stays, slings, hangers, blocks, pulleys, braces, irons, ropes or similar devices.
- The injury resulted because the device was not constructed or placed correctly or was operated in a way that failed to provide “proper protection” or where the employee should have been provided a device, but was not.
- The injury involved an accident that was “elevation related.” This requirement could involve a fall from a height, something falling from a height and hurting an employee or an employee working at an elevation.
Ladder and Scaffold Lawsuits
If a worker is hurt on the job in a ladder or scaffold accident, he or she may be entitled to seek damages from the owner of the property and/or the general contractor on the worksite. New York’s Ladder and Scaffold law establishes absolute liability against the owner and general contractor, meaning that even if the worker or the worker’s employer caused the accident, the owner and general contractor still bear full liability.
Many ladder and scaffold cases involve falls. I had a scaffold case in Brooklyn where a construction worker tripped and fell over some improperly stored materials on a scaffold that left him with two herniated discs. We settled that case for $300,000. In a case involving an accident at the Queens County Courthouse, a cable installer fell from a ladder and injured his back. After proving the defendant’s liability at trial, we settled for $225,000.
Some ladder and scaffold cases involve injuries that come from causes other than a fall. I have had cases where objects fell from above and hurt a worker. In an unusual case, an attorney used a stepladder given him by his landlord. The stepladder proved to be defective and when the attorney used it, the ladder collapsed and fractured his finger. That attorney retained me to try his case and we settled for $165,000.
Help with Ladder and Scaffold Lawsuits
If you or a loved one has suffered an injury in a ladder or scaffold accident, you should make sure that the person receives immediate medical care.
If you believe that you are entitled to compensation, you should contact an experienced New York personal injury lawyer. Trying cases involving New York’s Ladder and Scaffold Law require a familiarity with the law and the case law that has developed from the many court rulings on these cases. I have handled many ladder and scaffold cases over my twenty plus years practicing personal injury law in New York. I will be glad to answer your questions and assist you if you think you have a case arising from a ladder or scaffold accident.
Staten Island Ferry Crashes into Pier
New York Staten Island Ferry Crashes Into Pier, 36 Injured
36 people were injured on Saturday, May 8, 2010 when the Andrew J. Barberi slammed into a pier on Staten Island. Our cruise ship attorneys are investigating this Staten Island ferry boat accident and can be contacted at http://traverselegal.com/contact/
The orange 310-foot New York ferry boat, the Andrew J. Barberi, has been involved in at least three major incidents since it began sailing in 1981. The first occurrence took place during its initial voyage when the engine and a steering mechanism failed causing the ferry to run aground near Governors Island. In 2003, the captain of the Barberi, suffering from fatigue and the influence of pain killers, caused a second incident by negligently driving the ferry into a pier at St. George’s Terminal on Staten Island. This second incident resulted in 11 deaths and serious injuries to 42 people.(Michael M. Grynbaum and Patrick McGeehan, 5/8/10, http://www.nytimes.com/2010/05/09/nyregion/09barberi.html?src=mv)
The most recent incident occurred on Saturday, May 8, 2010 at about 9:25 a.m., when the Barberi was on approach to the St. George Ferry Terminal at normal speeds of about 5 mph. The assistant captain was unable to slow the ferry’s approach and it is likely that the mechanism in charge of slowing the ferry failed, causing it to slam into a pier. Under normal conditions, the Barberi would approach the pier at about 5 mph then slow by putting the propulsion system in reverse. Apparently unable to slow the ferry’s approach, the captain sounded an alarm about one minute before the collision after he had been unable to slow the ferry down using the apparently faulty propulsion system.
Youtube, Associated Press coverage of most recent Barberi incident
Traverse Legal’s cruise ship attorneys represented the largest number of Crown Princess passengers in the 2007 listing accident. We have already begun investigation of the most recent Andrew J. Barberi incident. If you have been injured on a cruise ship, contact a cruise ship accident attorney or call 866.936.7447.
More information on the New York Ferry Boat Accident:
US Coast Guard spokeswoman Barbara Miller reported that at the time of the most recent incident, the Barberi was carrying 252 passengers and 18 crew members.
A news release from the Staten Island Department of Transportation stated that the Saturday incident resulted in 36 people being transported to local hospitals though most with only minor injuries.
New York 1 video footage of the Barberi incident, rescue workers at the scene of the accident carrying people away on stretchers
The damage to the ferry was examined by New York Fire Department Deputy Chief Bill Tanzosh who stated that the impact left two breaches in the hull about 17 feet above the water line. One measured about 4 feet by 6 feet and the other was 4 feet by 4 feet. http://www.cnn.com/2010/US/05/08/new.york.ferry.crash/index.html
The Barberi crew responded appropriately
Unlike the 2003 incident that killed 11 people and which was brought on by the negligence of the captain, the most recent incident involving the Barberi and 36 injured people does not appear to be caused by inappropriate conduct of the crew. http://www.ny1.com/7-brooklyn-news-content/118339/officials–ferry-crew-responded-appropriately
The assistant captain was at the wheel in control of the ferry during the crash
At the time of the impact the captain was on the hull of the Barberi and in his stead on the wheel and in control of the ferry was the assistant captain. However, this appears to be proper conduct; the National Transportation Safety Board declared that the crew of the Barberi ‘acted properly’ after initial interviews with the crew after Saturday’s incident. http://www.ny1.com/7-brooklyn-news-content/118354/ntsb–no-criminality-in-s-i–ferry-crash
Who is to blame
With improper conduct on part of the crew largely ruled out, the Staten Island Department of Transportation said that the May 8, 2010 incident is likely the result of a mechanical failure. The National Transportation Safety Board plans to spend a week collecting evidence and then, focusing on both the navigation and propulsion systems and the ferry’s maintenance and inspection records, will spend up to a year and a half to determine the cause of the accident.
The Barberi uses a propulsion system known as the Voith Schneider Propeller which is highly maneuverable and resembles a circle of knives that hang straight down in the water. According to several officials and former employees familiar with the operation of the Staten Island Ferry, the Barberi’s propulsion system is a “sophisticated contraption that is considered expensive to maintain and was not installed on more recent ferries bought by the city.” The Voith propeller is normally particularly agile but in spite of the increased maneuverability of the Voith design, the three new ferries which began service for the city in 2005 all employ more a more conventional propulsion system. http://www.nytimes.com/2010/05/09/nyregion/09barberi.html?src=mv
The ‘second’ Barberi incident (2003)
An extremely fatigued captain under influence of pain killers rammed the Barberi into the St. George Terminal at Staten Island, resulted in 11 deaths and 42 seriously injured.
Legal implications resulting from the 2003 Barberi incident:
In Agni v. Wenshall (In re City of New York), 522 F.3d 279 (2d Cir. N.Y. 2008), a three member panel for the US Court of Appeals for the 2nd circuit upheld a federal court ruling that the city could not limit its liability in the 2003 Staten Island Ferry crash. The federal court’s ruling was upheld because the city “did not act with reasonable care” by letting a single pilot operate the ferry without at least one other person nearby to help in case of emergency. The court found further that the city was not allowed to limit its liability through an 1851 Act which limited a boat owner’s liability to the value of the boat minus repair costs. This finding was justified by the court because the city had failed to enforce its own rule which required a minimum of two pilots present in the pilot house “at all times while the ferry was underway.” (Bernie Augustine, March 27, 2008 “Staten Island Real-Time News”, http://www.silive.com/news/index.ssf/2008/03/city_cannot_limit_its_liablity.html)
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