A New York Construction Accident Lawyer Who Represents Injured Workers Tracking Developments in Construction Accident Law.

As I have previously discussed on this blog, the New York Court of Appeals has issued a number of decisions that have been supportive of workers’ rights in the context of construction accidents under the New York Labor Law.

On December 30, 2011, the Appellate Division followed this trend with the Fourth Department decision of Dipalma v. State of New York.

In the case, the plaintiff was injured when a large “skid box” containing debris slid off a forklift and struck him. The “skid box” fell from a height of only one or two feet above the plaintiff, which is notable because under prior Labor Law cases under section 240 – known as the “scaffold law” – this would have been considered a “de minimis” height differential that precluded liability.

The Fourth Department, however, cited to Wilinski v. 334 East 92nd Housing Development Fund Corporation, the subject of my last blog entry, for its holding that liability is determined by whether the construction accident was caused by the application of the force of gravity and there were not adequate protections to prevent the risk of harm, not by whether the object fell a certain number of feet.

As such, because of Wilinski, the plaintiff prevailed when he otherwise would not have.

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