LONG ISLAND, N.Y. (PRWEB) February 02, 2018
On January 16, 2018, the Appellate Division of the Supreme Court of New York (Case Index No. 113834/11) reversed the decision of the lower court, granting summary judgment to the plaintiff as to liability under his Labor Law 240(1) claim. Edelman, Krasin & Jaye PLCC is pleased to announce this significant appellate victory for their client, who seriously injured his foot while working on a renovation project in New York.
According to court documents, the plaintiff originally made claims for violation of Labor Laws 240 (1) and 200 after falling down a staircase while carrying a 600-pound steel I-beam with a co-worker. New York Labor Law Section 240(1) stipulates that the owner of the premises can be held legally responsible for the failure to furnish adequate safety devices. The plaintiff alleges that he lost his balance while moving the 14-foot heavy beam down the staircase, which had no handrail to aid his descent. The staircase, permanent at one time, had been left in place during construction to aid in the movement of materials on the renovation project.
According to the Court Order, the Appellate Division reversed the 2016 ruling, finding that “the record establishes a failure [by the defendants] to provide plaintiff and his co-worker with devices offering adequate protection against the gravity-related risks of moving an extremely heavy object down a staircase, leading to the worker’s loss of control over the object’s descent and plaintiff’s injuries.”
“The ruling places our client in an excellent position, as the only remaining issue to be determined is the amount of damages recoverable,” says Kara M. Rosen, counsel for the plaintiff. “It also strengthens our ability to hold owners and general contractors absolutely liable for the failure to protect their workers, even in cases involving safety devices that are not specifically enumerated in the 240 (1) statute.”
Paul B. Edelman, Senior Partner of Edelman, Krasin & Jaye, adds: “This is a significant decision for New York labor law cases and sets a strong precedent for all New Yorkers who get seriously injured at work. We are extremely proud to have played a role in obtaining justice for our client.”
About Edelman, Krasin & Jaye, PLCC
Edelman, Krasin & Jaye PLCC has represented New Yorkers since 1952 in a broad variety of personal injury litigation matters in both state and federal courts. The firm provides skilled, intelligent advocacy, and has secured notable verdicts and settlements in complex personal injury, medical malpractice and workplace accident cases, earning membership in the prestigious Multi-Million Dollar Advocates Forum. Edelman, Krasin & Jaye has law offices in Long Island and the Bronx, and is proud to represent clients throughout the greater New York area.
For more information, visit https://ekjlaw.com/.