The Perecman Firm, P.L.L.C. represented a client who suffered leg, back, knee, neck, and neurological injuries requiring physical therapy, an arthroscopy, knee surgery, and a meniscectomy.
On Aug. 11, 2010, plaintiff, a 23-year-old laborer, worked at a renovation site in the Bronx. The plaintiff was removing debris that had accumulated on the roof of a scaffold, which had been erected to shield pedestrians utilizing a nearby sidewalk. He fell while he was climbing on the scaffold's frame. He fell a distance of about four feet, and he landed on the sidewalk. He claimed that he suffered injuries of his back and a knee.
The plaintiff sued the premises' owner, the city of New York; the premises' operator, the New York City Housing Authority; and the renovation project's general contractor. The plaintiff alleged that the defendants negligently failed to provide a safe workplace. He further alleged that the defendants' failure constituted a violation of the New York State Labor Law.
The plaintiff claimed that he was climbing the scaffold's frame because he had not been provided a ladder or any other safe means of moving to or from the scaffold's roof. Plaintiff's counsel contended that the accident stemmed from an elevation-related hazard, as defined by Labor Law § 240(1), and that the plaintiff was not provided the proper, safe equipment that is a requirement of the statute.
Defense counsel contended that the plaintiff had been assigned the task of removing debris from the ground – rather than from the scaffold – and that the plaintiff ignored instructions to avoid the scaffold.
Plaintiff's counsel moved for summary judgment of liability, and the motion was granted. The matter proceeded to damages.
The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $400 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.
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