Most window washing accidents are caused by a (i) the ladder slipping, (ii) the flooring or other devices being insufficient to prevent the ladder from sliding, (iii) the lack of a helper to hold the ladder for Plaintiff, (iv) the lack of anchors in the walls for the injured worker to hook into (v) the lack of fall protection including harness or safety lines and (vi) inadequate scaffold systems.

New York's Labor Law 240 protects New York window washers and commercial cleaners. New York's Labor Law 240 is violated if a window washer in New York fell because a ladder was not braced, secured and no one else was holding it or if adequate safety devices to prevent the ladder from slipping or to protect the window washer from falling are not provided. If you are injured in New York because of a violation of Labor Law 240, you can sue for pain, suffering and lost wages in addition to receiving workers compensation benefits.

Our New York window washer injury attorneys will provide you with a free consultation and analysis of your case. We have offices in New York City (Manhattan) and Westchester (White Plains). Our New York window washing injury attorneys have extensive experience in representing injured construction workers, window washers and other professional cleaners in Labor Law 240 claims.

New York construction workers engaged in demolition often suffer serious personal injuries and even wrongful death when they are hit by falling debris. Our New York construction accident lawyers have often used the New York Labor Law 241 to successfully represent injured construction workers. New York lawyers who represent injured demolition workers must be familiar with the New York Industrial Code provisions concerning demolition. Industrial Code 12 NYCRR §§ 23-3.3(b)(3) states that parts of buildings shall not be left unguarded in such condition that such parts may fall, collapse or be weakened by wind pressure or vibration. 12 NYCRR 23-3.3(c) provides that during hand demolition operations, continuing inspections shall be made by designated persons to detect any hazards resulting from weakened or deteriorated floors or walls or from loosened material, and mandates protection for the New York demolition worker against these hazards by shoring, bracing or other effective means.

Section 23-1.7 (a) (1) of the Industrial Code also requires that every place where persons are required to work or pass that is normally exposed to falling material or objects shall be provided with suitable overhead protection.

New York construction accident lawyers, must therefore be aware of these demolition related regulations.

In New York, lawyers and attorneys who handle personal injury cases involving car accidents at intersections must be familiar with the responsiblities of motorists at intersections. New York Vehicle and Traffic law 1142(a) requires every driver of a vehicle including a car and truck approaching a stop sign tol stop. The law also requires that cars and trucks after stopping to yield the right of way to any vehicle, car, motorcycle or truck which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

New York car accident lawyers must also be familiar with the car driver's responsibilites towards pedestrians crossing the street. New York Vehicle and Traffic law 1142(b) requires drivers of vehicles, including cars and trucks, approaching a yield sign to slow down to a speed reasonable for existing conditions, or stop if necessary. The law also requires that motorists yield the right of way to any pedestrian legally crossing the roadway on which he is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.

The law provides a powerful weapon for New York car accident lawyers who represent injured pedestrians. The law states that if a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

The Courts in New York have repeatedly recognized that where a driver has violated a traffic law designed to ensure the safety of others, and this violation causes another's injury, the court may find judgment in favor of the injured plaintiff so long as no comparative negligence has been established. Courts have reasoned that a driver of a car or truck who fails to yield the right of way after stopping at a stop sign is in violation of Vehicle and Traffic Law § 1142(a) and is negligent as a matter of law. A driver is required to see that which through proper use of his or her senses he or she should have seen," and the driver with the right of way "is entitled to anticipate that the other motorist will obey the traffic law requiring him or her to yield.

Under New York Vehicle and Traffic Law, § 1111(a)(1) car and truck drivers are legally obligated to yield the right of way to pedestrians in the crosswalk who are crossing when the "Walk" signal is in their favor, and a driver's failure to do so establishes prima facie negligence as a matter of law. An injured pedestrian is entitled to judgment as a matter of law, where plaintiff was in the crosswalk with the light in their favor, and the car strikes them while making a left turn. A motor vehicle driver has an obligation to observe and watch for pedestrians, and is negligent where he has failed to see what through the proper use of his senses he should have seen.

New York car accident lawyers should always use these firm statutes to represent their clients who sustain serious personal injuries in car accidents involving intersections with stop signs.

The issue of fault is almost always a he said, she said situation with bicycle accidents. Nevertheless, New York law provides a powerful weapon for New York accident lawyers who represent bicycle injury victims in New York. New York Vehicle and Traffic Law 1146 states that every driver of a car or truck shall exercise due care to avoid colliding with any bicyclist, or pedestrian upon any roadway and shall give warning by sounding the horn when necessary. Therefore in any accident in which a car or truck driver sees a bicyclist before the accident, they have some degree in fault for not avoiding hitting the bicyclist.

One of the first questions every personal injury victim of a car accident asks their car accident lawyer is where can I sue. The answer is that New York law provides for jurisdiction over a defendant if the accident occurred in New York. Generally, the lawyer will have to file the lawsuit in the County where injured Plaintiff resides. The New York vehicle and traffic law provides that every out of State resident who drives into the State of New York, by entering New York appoints the New York Secretary of State as his agent for process of service. That means that the New York car accident lawyer can serve the summons and complaint upon the Secretary of State who will accept it on behalf of the out of state motorist. The New York car accident lawyer is required to serve an additional copy by certified mail upon the out of state motorist.

Another question New York car and truck accident lawyers hear is how much insurance is available. Many victims who have sustained personal injuries caused by out of state motorists are told by their insurance companies that they don't have insurance to cover bodily injury, or they only have minimal policies. The law in New York, which all New York car accident lawyers must be familiar with is that New York is a deemer state. This means that any insurance carrier which writes policies in New York is deemed to automatically provide the minimum requirements of the New York Insurance law to the out of state car, regardless of their actual policy limits. This means, that if the out of state car or truck is insured by a company that writes policies in New York, the out of State car is deemed to have New York's minimum requirements, the moment that the car enters the State of New York.

New York's minimum requirements are $25,000 in liability coverage and $25,000 in no fault benefits. If you have suffered a personal injury in New York with an out of state car, you should consult with a New York car accident lawyer, who is experienced in handling car accident cases involving out of state motorists.

New York construction accident lawyers who represent injured construction workers, under the ladder law have been recently been facing claims that the injured worker's actions were the only cause of the construction accident. New York injury lawyers who handle construction accident cases call this the "blame the victim defense".

Recently the New York Courts have held that liability under Labor Law 240 (the New York ladder law) does not attach when the safety devices that plaintiff alleges were absent were readily available at the work site, albeit not in the immediate vicinity of the accident, and plaintiff knew he was expected to use them but for no good reason chose not to do so, causing an accident. In such cases, the New York Courts have held that the plaintiff's own negligence is the sole proximate cause of his injury. Recently the New York Court of Appeals gave New York construction lawyers a new weapon in the fight for the injured construction worker. The Court of Appeals tightened the standards for this defense by holding that a foreman's testimony that safety devices were available for use at the project site, and that the injured construction worker violated a standing order to use certain equipment. The Court found the affidavit was insufficient to defeat an injured construction workers case were the foreman did not prove that the injured construction worker had actually been told had been told to use such safety devices. While the foreman referred to a "standing order" issued to the project foremen, directing workers to "have a harness on and be tied off," he could not say whether the order had been conveyed to the construction workers. Thus, New York construction lawyers must hold these defendants to these heightened standards to protect our injured construction worker clients.

The answer is don't worry, you are entitled to benefits and to recovery damages for your serious personal injury. Who is responsible to pay your benefits and to compensate you for your personal injuries depends on how your car accident happened and whether you were in a car or truck or were a pedestrian.

The New York Insurance Law has set up a fund called the New York Motor Vehicle Accident Indemnity Corporation pays for the medical bills, wages and compensates car accident injury damages for personal injuries, if there is no other insurance available. There is no other insurance available if the other car was either uninsured or it left the scene (hit and run). However, New York law requires car accident insurance companies to provide no fault and uninsured motorist benefits.

So if you were in an insured car, which was involved in a hit and run car accident, the insurance company for the car which you were in has to pay your no fault benefits and provide uninsured motorist benefits.

If you were a pedestrian and were hit by a car, which was either uninsured or fled the scene after the accident.

There are time limits to get these benefits. For example, New York Insurance Law 5208 requires that someone who sustained an injury in a hit and run car accident report the accident within 24 hours or as soon as reasonably possible to a police, peace or judicial officer or to the Commissioner of Motor Vehicle. However the law also states that the fact that the accident was not reported within twenty-four hours after the accident shall not prejudice the rights of the person if it is shown that it was not reasonably possible to make such a report or that it was made as soon as was reasonably possible. Many car insurance policies have similar language as requirements to get uninsured motorist benefits.

Unfortunately, if there was an accident, often the New York City Police Department does not respond to hit and run calls and if they do, they often loose reports. New York insurance companies are notorious for trying to deny claims because of the lack of an accident report. To prevent insurance companies from taking advantage of sloppy police work to harm their insureds who were car accident victims, the courts have consistently afforded a very liberal interpretation to the notice requirement, accepting police contacts that fall far short of the operator's obtaining a written report. If you were injured in a hit and run, in New York City or Westchester, call our New York car accident lawyers for a free consultation.

Where an accident victim has suffered a serious injury caused by someone with only a minimum liability policy, New York injury lawyers who represent car accident and truck accident victims must explore the availability of supplementary underinsured benefits. The minimum insurance requirement in New York is $25,000 of liability insurance. Where an accident victim has suffered a serious personal injury such as a fracture or back injury that requires surgery or is disabling, that is insufficient.

Where the accident victim has higher insurance limits, their own insurance can be made to pay the difference between the low insurance policy of the defendant and the policy limits of the accident victims. For example, if the car accident victim has $100,000 in insurance and the person who caused the car accident has $25,000 in insurance, then, the defendant's insurance company will pay $25,000, and then the car accident victim with serious persoanl injuries can force their own insurance company to pay $75,000 (the difference between the $100,000 policy and the $25,000).

Under New York law, every car insurance policy automatically must include a S.U.M., endorsement. New York car accident lawyers must put the no fault carrier on notice of an SUM claim as soon as possible after learning the policy limits of the under insured vehicle. Also New York car accident lawyers must get consent from the S.U.M. adjuster prior to settling with the insurance carrier for the car or truck that caused the accident, or else S.U.M. benefits might be lost.

Collapses are often seen during demolition, excavation and new construction. In New York, Labor Law 241(6) is often invoked to protect the injured construction worker. New York construction accident lawyers must be careful not to only rely upon Labor Law 240, since many cases have held that where the collapse is due to a vertical or lateral causes (shoring/bracing) as opposed to horizontal (falling) issue, there is no Labor Law 240 violation. Although Labor Law 240 usually applies where the ladder, scaffold, plank or other device which is supporting the construction worker collapses.

Collapse of structure due to unsupported foundation often involve violations of NYCRR 23-4.1 [a] which requires that whenever any excavation is to be performed in the vicinity of buildings, structures or utilities, the integrity, stability and structural adequacy of such buildings, structures or utilities shall be maintained at all times by the use of underpinning, sheet piling, bracing or other equivalent means to prevent damage to or failure of foundations, walls, supports or utility facilities and to prevent injury to any person. The regulation also requires that the underpinning, sheet piling and bracing be inspected at least once each day or more often if conditions warrant by an experienced, designated person.

This regulation is aimed at protecting against collapses associated with a loss of stability created by the excavation and is sufficient to establish a Labor Law 241(6) violation.

Additionally with new construction, Labor Law 200 will often provide a remedy, where structural supports are not properly supported or secured, thereby causing a collapse of a wall or ceiling. .

A person who sustains a personal injury in a slip and fall because of a dirty or wet condition must prove the owner of the land either caused the condition or knew or should have known about the condition and failed to remedy it. The "should have known" doctrine is called constructive notice.

Personal injury lawyers may establish constructive notice through evidence that an ongoing and recurring dangerous condition existed in the area of the accident which was routinely left unaddressed by the landlord. When a landowner has actual knowledge of the tendency of a particular dangerous condition to reoccur, he is charged with constructive notice of each specific recurrence of that condition.

Therefore, to establish constructive notice of debris, New York personal injury lawyers can establish that the premises was always dirty or had a recurring tendency to be dirty. This type of evidence will establish constructive notice in a slip and fall personal injury case. .

By stacking the materials against the exterior wall of the building, a lever function is created which meant that it took less force to move the materials it takes the greatest amount of force to move a load when it is at the horizontal, i.e., at zero degrees. As the load approaches the vertical or ninety degrees, the load becomes increasingly leveraged, therefore easier to maneuver
Labor Law 200 states that all places to which this chapter applies shall be so constructed, equipped, arranged, operated and conducted as to provide reasonable and adequate protection to the lives, health and safety of all persons employed therein or lawfully frequenting such places. Labor Law 241(6) likewise protects people who are lawfully frequenting the premises.

Labor Law 241(6) imposes an obligation upon all owners to make all areas in which construction, excavation or demolition work is being performed to be constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety to the persons lawfully frequenting such places. See Labor Law 241(6). 12 N.Y.C.R.R. 23-2.1(a)(1) entitled maintenance and housekeeping, storage of material or equipment, states that all building materials shall be stored in a safe and orderly manner. The provision further dictates that material piles shall be stable under all conditions and so located that they do not obstruct any passageway, walkway, stairway or other thoroughfare.
The violation of the aforementioned regulation triggers Labor Law 241(6) liability.
Likewise, liability under Labor Law §200 can be imposed where a worker is injured by an unsafe manner of work or by a dangerous or defective condition at the work site. This applies to personal injury caused by unstable or improperly stacked loads.

Unseaworthiness is a claim that the ship or its crew or equipment was not reasonably fit for its intended purpose. To establish an unseaworthiness claim, an injured maritime worker must establish that the ship or its equipment or crew, was unseaworthy; and that such unseaworthiness was a proximate cause of the sailor's personal injury.

A vessel may be unseaworthy because of an inadequate or incompetent crew, including the presence of especially dangerous seamen on the crew; or an assignment of an insufficient number of men to a task; or the. failure to properly maintain equipment; or the failure of equipment under normal and proper use; or misuse of even non-defective, otherwise seaworthy gear; or 'any other unsafe part of the vessel and appurtenances, or any defective gear used; or the lack of a safe means of boarding and departing the vessel.

The shipowner's duty to provide a seaworthy ship is absolute, continuing and may not be delegated to a third party. This means the shipowner is responsible for the dangerous condition aboard a ship regardless of who created it. The shipowner's lack of knowledge or lack of opportunity to correct such conditions, or the shipowner's diligence are irrelevant. If the ship or its equipment or crew (or the relevant part) was unseaworthy and such unseaworthiness was a proximate cause of an injury to plaintiff, then the shipowner is liable to the plaintiff. It is the shipowner's duty to provide a ship, equipment and crew which are reasonably fit for their intended purpose.

If a dangerous condition exists aboard a vessel, whether it was brought into existence by the ship's crew, a third party, or even a fellow employee, the shipowner would still be liable.

29 CFR 1910.28(u)(1) "Float or ship scaffolds." Float or ship scaffolds shall support not more than three men and a few light tools, such as those needed for riveting, bolting, and welding.

29 CFR 1910.28 (u)(2) The platform shall be not less than 3 feet wide and 6 feet long, made of three-quarter-inch plywood, equivalent to American Plywood Association Grade B-B, Group I, Exterior.

29 CFR 1910.28 (u)(3) Under the platform, there shall be two supporting bearers made from 2- x 4-inch, or 1- x 10-inch rough, selected lumber, or better. They shall be free
of knots or other flaws and project 6 inches beyond the platform on both sides. The ends of the platform shall extend about 6 inches beyond the outer edges of the bearers. Each bearer shall be securely fastened to the platform.

29 CFR 1910.28(u)(4) An edging of wood not less than 3/4 x 1 1/2 inches, or equivalent, shall be placed around all sides of the platform to prevent tools from rolling off.

29 CFR 1910.28(u)(5) Supporting ropes shall be 1-inch diameter manila rope or equivalent, free from deterioration, chemical damage, flaws, or other imperfections. Rope connections shall be such that the platform cannot shift or slip. If two ropes are used with each float, each of the two supporting ropes shall be hitched around one end of a bearer and pass under the platforms to the other end of the bearer where it is hitched again, leaving sufficient rope at each end for the supporting ties.

29 CFR 1910.28 (u)(6) Each workman shall be protected by a safety lifebelt attached to a lifeline. The lifeline shall be securely attached to substantial members of the structure (not scaffold), or to securely rigged lines, which will safely suspend the workman in case of a fall.

Michael Joseph, an experienced car accident lawyer and truck accident attorney has won numerous cases by proving the other driver violated New York's vehicle and traffic law. New York V.T.L. § 1111, requires motorists facing a steady circular red signal to stop at a clearly marked stop line or before entering the crosswalk (if there is no stop line) and remain standing until an indication to proceed (green light).l

We have used these rules to prove the other driver was 100% at fault. Often insurance company lawyers will try to argue that the injured party was partially at fault becuase they were not careful enough when the defendant blew a red light or stop sign. The law in New York is while a driver entering an intersection with a green light must exercise caution, summary judgment should be granted where the defendant's action of running a red light was the sole cause of the accident. The New York courts have recognized that operators of cars which havethe right-of-way, are entitled to expect that other vehicles will obey the traffic laws requiring them to yield.

New York car accident lawyers must remember to adequately research the vehicle and traffic laws to adequately represent victims of personal injuries from car accidents in New York.
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Often the question becomes who is an owner.Labor Law § 240 requires all contractors and owners and their agents to give proper protection to a persons employed on construction sites. The term owner under Labor Law § 240 has not been limited to titleholders but has been held to encompass any person or company who has an interest in the property and who fulfilled the role of owner by contracting to have work performed.

Another common defense is the claim by the contractor that they are not responsible because the owner hired the subcontractor. Labor Law § 240 requires that all contractors and owners shall undertake certain measures to protect the individuals employed in the construction work. It doesn't matter whether the general contractor directly hired the sub-contractor or whether the owner hired the sub-contractor because the general contractor is required to provide proper protection to persons employed on the site, so long as the general contractor retains the right to control and direct aspects of the work.