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Construction Site Personal Injury Litigation

September 26, 2011

New York Labor Law injury cases usually involve statutes §§ 200, 240(1) and
241 (6). Case issues will involve Liability, Contracts and Insurance. Investigation and research will result in the Plaintiff’s Lawsuit’s Causes of Action and Pleadings. One typical case type will involve New York’s Scaffold Statute—Labor Law § 240. Construction accident investigation could very well lead to asserting a common-law negligence action (the window-washer statute). Varied theories of recovery and defenses must be researched, including case authority from the various appellate courts in the State of New York, including the Court of Appeals. Comparing case precedent amongst the different geographical State Departments often results in confusion, because appellate authority differs amongst the Departments in the interpretive understanding of the New York Labor Law 200, 240(1) and 241(6). The holdings of the various courts over the last several years are rife with different results for seemingly similar cases. Accident Investigation and Pre-Trial Discovery are crucial.


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