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New York Ladder Law Repair And Maintenance

January 17, 2010
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As a New York City Injury attorney and a Westchester construction accident attorney, Michael Joseph has handled numerous cases involving repair workers who fall from ladders. These workers are covered under Labor Law 240. Labor Law 240 is also known as the New York ladder law

Labor Law § 240 imposes a duty on building owners to protect workers engaged in “the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure.” If a ladder or other device slips, collapses or otherwise is not sufficient to prevent a worker from falling Labor Law 240 may apply and the injured worker is entitled to monetary compensation.

A large area of litigation is whether the worker is conducting a repair or routine maintenance. A repair of a broken or malfunctioning item is covered under Labor Law 240, but “routine maintenance” to prevent a malfunction is not covered by the law. Generally, the Courts have held that an activity is routine maintenance where the work involves replacing components that require replacement in the course of normal wear and tear.

To determine whether work is a repair or routine maintenance, the Courts analyze whether the item being worked on was inoperable or malfunctioning prior to the commencement of the work.

Michael Joseph has handled personal injury cases in the New York City metropolitan area including the Bronx, Brooklyn, Manhattan, Long Island, Queens and Westchester, including White Plains, Yonkers, New Rochelle, Bronxville, Ossining and Tarrytown.

 
The Law Offices of Michael H. Joseph