A Queens construction accident lawyer can help you get the compensation you deserve. Recently, a worker sustained an injury while helping renovate a school in Queens. A Queens church owned the school building. The worker worked on a scaffold. He sustained injuries when the platform of the scaffold collapsed. The scaffold platform fell through the frame of the scaffold. The worker was atop the working platform and fell with it to the ground below.
The worker’s Queens construction accident lawyer sued the property owner under the scaffold law. The worker asked the judge to decide liability against the defendant property owner. Essentially, he asked the judge to decide that the defendant was to blame for his accident. The judge decided that the worker established that the scaffold law applied to his accident.
In opposition, the defendant argued that the worker failed to utilize clips to secure the platform of the scaffold. They argued that it was the worker’s responsibility to place the clips. The defendant further argued this made the worker the sole cause of his accident. However, in making that argument, the defendants only relied on an affidavit from the worker’s supervisor. The supervisor said that there were no clips at the job site. He also stated that had clips been used, the platform would not have moved.
The judge was skeptical. The allegation that the worker did not use clips to secure the scaffold first came two and a half years after the accident. The supervisor offered no other information. He did not say whether he had looked for clips on the jobsite after the accident. Even more suspiciously, none of the three accident reports prepared following the accident mentioned a lack of clips. However, the judge bought the defendant’s argument and denied the worker’s application.
The worker’s lawyer thought the judge made a mistake and appealed the decision. On appeal, the worker’s lawyer argued that his construction accident occurred because the defendant violated the scaffold law. In addition, the lawyer argued that the defendant’s argument about the clips was baseless.
The appellate court reversed the judge’s decision. They held that the collapse of a scaffold for created a presumption that it was defective. Since the scaffold law, requires that owners and contractors provide workers with safe scaffolds, the defendant violated the scaffold law. The appellate court did not find the defendant’s argument convincing. Accordingly, the appellate court reversed the judge’s decision. They found the defendant liable for the worker’s accident. The case proceeded to trial on the issue of damages only.
If you’re involved in a serious accident, your lawsuit may be your only opportunity to ensure financial stability for you and your family going forward. It is important to choose and contact a Queens construction accident lawyer who will win you the compensation you need to secure your future.
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