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Michael Serpico Featured in Long Island Herald's Ask the Lawyer

Jul 22, 2015Litigation & Dispute Resolution

Publication Source: LI Herald


Q: While working at a construction site, a slab of granite fell from a forklift onto my foot. Currently, I am receiving workers’ compensation benefits for my injuries but do I also have a case against the property owner or general contractor?

A: In short, yes. Both the owner and contractor could be liable for your injuries. New York Labor Law requires contractors and property owners to provide adequate safety devices to protect against elevation-related hazards at construction sites. Elevation-related hazards include both falling workers and falling objects. If you can prove the existence of such an elevation-related hazard along with the failure to use (or the inadequacy of) a required safety device then the property owner and/or contractor would be liable for your injuries regardless of whether they knew about the defect or had any control over the work being performed. If you have any additional questions or concerns about such matters, you should contact a personal injury attorney.

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