Blog

In the not too distant past, it was settled law that a fall from a ladder would not necessarily impose liability under Labor Law §240(1). The law was relatively clear that not every worker who fell from a ladder at a worksite would give rise to liability under the strict liability provisions Labor Law §240(1). See Blake v. Neighborhood Housing Services of New York City, Inc., 1 N.Y3d 280, 803 N.E. 2d 757, 771 N.Y.S.2d 484 (2003).

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Everyone who owns a home has probably wondered what happens if a repair worker they hired gets hurt while working on their property.

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The clause "arising out of your operations" is commonplace in almost all insurance policies and has just recently (June 3, 2010) been interpreted by the Court of Appeals in connection with an injury to the primary insured's employee in Regal Construction Corporation v. National Union Fire Insurance Company of Pittsburgh, 883 N.Y.S.2d 207 (2010).

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In a recent decision, the Court of Appeals in Runner v. New York Stock Exch., Inc., 13 N.Y.3d 599, 922 N.E.2d 865, 895 N.Y.S.2d 279 (2009), held that Labor Law 240(1) will apply to a worker even if that worker did not fall from a height and was not hit by the object that caused his injury. This decision will be greeted with cheers from the plaintiff's bar and with derision from the defense bar and contractors doing business in New York State.

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Both our corporate and individual clients often ask us whether the waiver they have prepared or signed is valid and binding in a Court of law.  Our clients are specifically interested in the validity of a clause in a release waiving any the rights to sue for any injuries, even if those injuries are caused by the negligence of the party seeking the release.

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In preparing a case for trial, it often comes to pass that one or more of the witnesses in the case have a prior criminal record. In cases where there is a significant amount of money on the line, you can be sure that opposing counsel has done her homework carefully and is chomping at the bit to destroy the witnesses' credibility with an in depth and lengthy cross-examination regarding the prior misdeeds. This can have a significant impact on a case, particularly if the witness's credibility will be a determining factor in obtaining a defense verdict.

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This is the launch of the Liability Defense Blog published by French & Casey so I feel justified in saying "Hello World"

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