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Slip, Trip and Falls- Construction Accidents in New York

January 30, 2010

As a New York construction accident lawyer, I am familiar with the various Labor Laws that apply to accidents which cause personal injury on New York construction sites. For slip and fall or trip and fall accidents, Labor Law 241 is most often used. But Labor Law 200 is often overlooked.

Labor Law 200 requires landowners on construction site to provide workers with a reasonably safe place to work. An owner of real property has a duty to maintain the property in a reasonably safe condition, even while it is under construction. The Courts have recognized that landowners of construction sites in New York are required to correct dangerous conditions on construction sites.

While Labor Law 200 requires the owner to exercise control over the manner of the work where it is alleged that a dangerous method of work caused the personal injury. Labor Law 200 has two standards for determining a property owner’s liability. The first is the authority to supervise the work when a plaintiff’s injury arises out of defects or dangers in the methods or materials of the work. The second standard is applicable to worker injuries arising out of the condition of the property rather than the methods or manner of the work. However, control over the work is not required under Labor Law 200 based on a dangerous condition.

Under section 200, if a worker slips or trips and falls on a dangerous condition, for example, a slippery substance, unstable boards, or materials in the walkway, the landowner is liable if they knew or should have known about the condition and failed to remedy it. Stated differently, an owner of a construction site is responsbile when the owner created the dangerous condition causing an injury or when the owner failed to remedy a dangerous or defective condition of which he had actual or constructive notice.

New York construction accident lawyers who represent construction workers who sustain personal injuries should alternatively plead Labor Law 200 violations. Michael Joseph is a New York and Westchester construction accident attorney who has represented workers who sustain personal injury all over New York and Westchester, including the Bronx, Brooklyn, Queens, Manhattan, Yonkers, White Plains, New Rochelle, Ossining, Mamaroneck, Bronxville, Scarsdale and Hartsdale.

If you were injured in a construction accident, call the New York construction accident lawyers today.

The Law Offices of Michael H. Joseph