Painter Falls From Unsecured A-Frame Ladder and Wins Suit

Earlier this week, an intermediate appellate court covering the Bronx, granted a pre-trial motion which declared that a painter who fell from a ladder should win the case as a matter of law. A jury trial will determine how much to compensate the victim. There is a strict worker safety rule in New York (Labor Law sections 200, 240 and 241) which requires the owner of a job site to provide a safe place to work. If that law is violated, the worker, who can't sue his employer, can sue the owner of the property. In some cases such as this, the injured worker can win his case long before the trial.

The painter was hired by a deli to paint an exterior sign. The deli owner supplied the painter with an A-frame ladder, paint and paint brushes. The deli owner even opened the ladder and placed it into position for the painter. Within a half hour the ladder shifted and the painter fell to the ground and "sustained fractured ribs and injuries to his back and right ankle requiring surgery." The appellate court reversed the lower court's decision to deny the painter's motion to declare the owner in violation of the Labor Law section 240(1). The appellate court explained that "a fall from an unsecured ladder establishes a violation of the statute." This is so even if the owner of the property was unaware of the work contracted for by his commercial tenant. Gonzalez v 1225 Ogden Deli Grocery, 2018 WL 1054745

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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