Injured Worker Cannot Be Held At Fault For His Fall From Ladder - EVEN IF WORKER MISUSED LADDER

On June 29, 2016 a New York Appellate Court held that New York State's Labor Law Section 240 (1) (known as the scaffold law) imposes absolute liability on owners and contractors for failing to provide safety devices necessary to protect workers from the risks of working at elevated work sites who are injured as a result of unsafe practices. The Court found that although the worker "was provided with a ladder, as required by the statute, the ladder was not secured so as to prevent it and him from falling.... Since the plaintiff was provided with only an unsecured ladder and no safety devices, the plaintiff cannot be held solely at fault for his injuries."

This ruling means that even though the worker may have been partially at fault, unless he was the sole cause of his own accident, he will still recover 100% of whatever money damages the jury awards.Accordingly, the worker was granted summary judgment and the case will be scheduled for a trial on damages to determine - not whether he recovers a sum of money--but how much. Baugh v New York City School Construction Authority, Appellate Division, Second Department. Construction workers who fall from unsecured ladders, typically involve not only a straight ladder, but A-frame ladders that are kept closed and leaning against a wall. It is the duty of owners and contractors to provide a method to secure those ladders to prevent catastrophic injuries to their workers.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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