Free Initial Consultation 212-858-0503

Tap Here To Call Us

Victory In New York Window Washing Accident

Share

This week,our New York window washer accident attorneys obtained a major settlement of $900,000 for a Manhattan window washing accident. The settlement followed our New York personal injury lawyers won summary judgment.

In this particular case, we were able to overcome the defense of misuse of a device. In this case the defendants asserted that the injured window washer was at fault because he did not properly assemble the window washer’s ladder and used a incorrect base piece of the ladder.

Our New York accident attorneys proved that even if the ladder was not correctly assembled, the defendants still failed to provide fall protection such as life lines, harnesses and there was nothing to hook into.

Our New York window washing accident lawyers remain committed to protecting New York’s window washers.

Share

As a New York City personal injury attorney, Michael Joseph has represented numerous commercial cleaners and window washers injured in New York City. New York City with its high rise buildings and multi-level commercial buildings sees a higher rate of window washer injuries than Westchester, Long Island and Rockland County. We also see alot of commercial cleaning accidents in the Bronx, Brooklyn and Queens in the industrial areas, where professional cleaners such as power washers are brought in to do work.

Most window washing accidents are caused by a (i) the ladder slipping, (ii) the flooring or other devices being insufficient to prevent the ladder from sliding, (iii) the lack of a helper to hold the ladder for Plaintiff, (iv) the lack of anchors in the walls for the injured worker to hook into (v) the lack of fall protection including harness or safety lines and (vi) inadequate scaffold systems.

New York’s Labor Law 240 protects New York window washers and commercial cleaners. New York’s Labor Law 240 is violated if a window washer in New York fell because a ladder was not braced, secured and no one else was holding it or if adequate safety devices to prevent the ladder from slipping or to protect the window washer from falling are not provided. If you are injured in New York because of a violation of Labor Law 240, you can sue for pain, suffering and lost wages in addition to receiving workers compensation benefits.

Our New York window washer injury attorneys will provide you with a free consultation and analysis of your case. We have offices in New York City (Manhattan) and Westchester (White Plains). Our New York window washing injury attorneys have extensive experience in representing injured construction workers, window washers and other professional cleaners in Labor Law 240 claims.

If you suffered a window washing accident or a personal injury because of a commercial cleaning accident, you need an experienced New York injury attorney, who is familiar with Labor Law 240. Our New York window washing injury attorneys have successfully represented injured workers in New York City including the Bronx, Brooklyn, Queens and Manhattan, as well as Westchester, including White Plains, Yonkers, Mamaroneck, Scarsdale, Ossining, Hartsdale, Dobbs Ferry, Port Chester, Rye and Bronxville.

Share

As a New York Injury Attorney, Michael Joseph is thoroughly familiar with the Labor Laws which protect injured New York Window Washers. An injured window cleaner who falls from an elevated work surface can sue under Labor Law § 202.The New York Court of Appeals has held that the injured window washer can bring both claims simultaneously. Our Westchester window washer accident lawyers are among the most experienced work place injury lawyers in the County.

Among other activities, Labor Law § 240 (1) applies to workers engaged in the “cleaning” of a building. Whether a window’s exterior or interior is being cleaned is irrelevant, rather, liability turns on whether a particular window washing task creates an elevation-related risk of the kind that the safety devices listed in Labor Law § 240(1) protects against. The Courts have recognized that Labor Law § 240 applies to window washers who are injured while cleaning a 10-foot-high interior window. Swiderska v. New York University, 10 N.Y.3d 792, 856 N.Y.S.2d 533 (2008).

Labor Law § 240(1) imposes a non-delegable duty upon building owners to furnish proper safety devices and protection in order to ensure the safety of workers exposed to elevation-related risks. Jamil v. Concourse Enters., 740 N.Y.S.2d 308, 310 (N.Y.A.D. 1 Dept. 2002).

A building owner who fails to provide adequate safety devices required by Labor Law §240 is absolutely liable in damages for injuries which are proximately caused by the breach. Labor Law §240(1) liability is contingent upon the existence of a hazard contemplated in section 240(1) and the failure to use, or the inadequacy of, a safety device enumerated therein.

Where a ladder does not prevent plaintiff from falling and no safety devices, other than the ladder, are provided, defendants have violated Labor Law §240. Deng v. A.J. Contr. Co., 680 N.Y.S.2d 223 (N.Y.A.D. 1 Dep’t. 1998).

A worker’s contributory negligence is not a defense to a Labor Law §240 cause of action. It is irrelevant whether plaintiff’s ladder tipped because plaintiff lost his balance or whether plaintiff fell off the ladder without it having tipped at all, because plaintiff’s negligence irrelevant. In other words, if safety devices which would have prevented plaintiff’s fall were not provided, plaintiff is entitled to summary judgement. The failure to provide a ladder which is secured against movement is a violation of Labor Law §240 per se.

Labor Law § 202 states that the owner of every public building and every contractor involved shall provide such safe means for the cleaning of the widows and of exterior surfaces of such building as may be required and approved by the Industrial Board of Appeals. Labor Law § 202 further states that the owners shall not permit or allow any window to be cleaned unless such means are provided to enable such work to be done in a safe manner for the prevention of accidents and for the protection of the public and of persons engaged in such work in conformity with the requirements of this chapter and the rules of the Industrial Board of Appeals. 12 N.Y.C.R.R. 21.3(B)(2) requires building owners to have structural features and anchors or other fixed devices for the worker’s protection prior to allowing any person to clean a window.
Injured window washers in New York have powerful legal rights to force building owners to compensate them for their injuries.

Who Is Potentially Liable For My Injuries In A Construction Accident?

In general, whoever caused the accident is responsible. If it was the employer or a co-employee who caused the accident, you are usually barred by workers compensation laws from suing them because you’re getting comp you can’t bring a lawsuit. However, if the employer did not have workers compensation, you can sue the employer directly and the owners personally for failing to securing payment of compensation. Additionally, who’s liable often depends on how the accident happened. In general, under the labor laws, the work site owner or the owner of the construction site and the general contractor are always liable… Read More

What Are Top Misconceptions About Construction Accident Claims?

The biggest misconception is that people think that they only get comp. A lot of people don’t realize there are all these other remedies out there that can protect them and there are these other laws under which they can bring a lawsuit and get compensated for what they went through. Another misconception we see, particularly among the immigrant community and undocumented immigrants, is that they can’t sue because they arrived here illegally. We’ve handled a number of these cases successfully and the courts were pretty clear that the immigration status doesn’t matter because if you get hurt in the… Read More

Accidentes De Coche En Nueva York Con Conductores Automovilistas De Otro Estado

Como un abogado de accidentes de coche en Nueva York, quetambién asiste en un gran número de accidentes de camiones comerciales, hemanejado numerosos casos de lesiones personales que impliquan a losautomovilistas de otro estado que causan accidentes de tráfico en Nueva York. Una de las primeras preguntas que todas las víctimas de lesiones personales en un accidente de coche le pide a su abogado de accidentede coche es donde puedo demandar. La respuesta es que la ley de Nueva York establece la jurisdicción sobre el demandado si el accidente se produjo en Nueva York. En general, el abogado tendrá que… Read More

Who Is responsible For Fire Cases In New York

This week a wrongful death was suffered by an unfortunate tenant in fire in a Yonkers building. Fire crews battled the fire for several hours prior to getting it under control. Fires present dangers of both person injury and death to both those who live in buildings and the firefighters who battle them. Our accident attorneys have extensive experience in handling fire cases both in New York City and in Westchester. While the insurance industry will claim that fires which are accidental, are not the fault of anybody and just happen. Our New York City and White Plains Personal injury attorneys… Read More

Do I have a Lawsuit for my New York Construction Site Accident

Our New York construction accident lawyers have extensive experience in representing construction workers who have sustained personal injuries in worksite accidents. One of the most frequent questions our construction accident attorneys hear is do I have a case. While most construction workers are familiar with New York’s Ladder or Scaffold Law, which is known as Labor Law 240. This law generally imposes liability for falls from unsafe scaffolds or ladders, but there are a number of situations in which a construction worker who is injured on the job can sue for damages. One of the most comprehensive New York Laws… Read More

Outcry To End Construction Accident Fatalities In New York

Construction continues to be one of the most dangerous professions, and this week, thousands of New York City construction workers assembled to mourn the 30 wrongful deaths and fatilities of their fellow construction workers who died in construction accidents over the past two years. The construction worker are calling for new legislation to protect them and enforce job safety in an urgent call for action to help prevent future job-site fatalities. Our New York construction accident lawyers support new legislation and increased enforcement for job safety. Across New York City there have been vocal outcries and protests for greater work place… Read More

Personal Injury Update- February, 2017

The first week of February has proven to be a deadly week, with a number of tragic car accidents in the Bronx. Our New York City wrongful death and car accident lawyers know all to well how dramatically a car accident can affect someone’s life. An off-duty New York City Police Officer suffered an unfortunate wrongful death in a car accident in the Bronx this week. The passenger in the vehicle,who was a housing officer, also suffered serious personal injuries. The officer’s car flipped over and then caught fire in a traffic circle in the Pelham Bay section of the… Read More

OSHA Fines Contractors On Tappan Zee Bridge For Crane Collapse

The federal government’s Occupational Safety and Health Administration is fining the Tappan Zee Constructors more than $12,000 for last July’s crane collapse. In particular OSHA found that the contractors failed to keep a safe work site, and exposed employees to the risk of injury caused by the falling crane. The incident occurred when a crane, which was driving piles for the new Tappan Zee Bridge’s Westchester-bound bridge collapsed across all lanes of the current bridge. While cranes collapses in Manhattan have become somewhat of an epidemic. there are only a few Westchester maritime construction accidents, who are familiar with the interplay of maritime law… Read More

This Month’s Personal Injury Wrap Up- January 2017

Our New York City police brutality lawyers have handled numerous cases for inmates who were mistreated at Rikers Islands and suffered injuries, both by guards and other inmates. While cover ups and fabricated stories to justify guards behaviors are common place, Court papers this week exposed a new low.City investigators who were investigating an inmate’s sexual assault allegations on Rikers Island lost track of key biological evidence for four days before it surfaced with signs of tampering. The inmate claims a Rikers correction officer sexually abused her in May 2013 by forcing her to perform oral sex on him and says… Read More

Attention To Detail Leads To Summary Judgment

In a recent case, our White Plains Lawyer, Michael Joseph won a summary judgment motion for a client who backed out of a parking spot and was hit by another vehicle. Summary judgment is used to expedite a case when there is no dispute as to the important facts of the case. When there are no issues of fact, it can be determined which party is entitled to judgment without having to proceed to trial. Michael Joseph is considered to be one of the most experienced car accident lawyers in Westchester and has won numerous summary judgment decisions in favor… Read More

 
The Law Offices of Michael H. Joseph