Construction Accidents/New York Labor Law

Harrington, Ocko & Monk, LLP has vast experience representing owners, general contractors, construction managers, and subcontractors in the defense of labor law violations and negligence claims arising out of catastrophic construction accidents. Our attorneys routinely obtain summary judgment dismissals, defense verdicts, and favorable mediated settlements in construction accident cases involving allegations of scaffold defects, failure to provide adequate safety devices, New York State industrial code violations, falling object injuries, and worksite slip and falls. Our attorneys are also experts at enforcing the indemnification and insurance provisions of construction agreements to transfer liability from owners and general contractors to the parties and employers responsible for the conditions and work giving rise to these injury claims.

Representative Matters:

• Recently obtained summary judgment for contractual indemnity on behalf of a property owner pursuant to its general contractor’s trade agreement with a plumbing subcontractor who was also plaintiff’s employer. Although the property owner was not specifically named as an indemnitee in the general contractor’s continuing agreement with the plumbing subcontractor, and although the agreement was not specific to the jobsite at issue in the litigation, we successfully argued that the property owner was an intended third-party beneficiary covered by the agreement and that plumbing subcontractor was therefore required to indemnify the property owner. Due to our success in obtaining pretrial contractual indemnity, our client contributed nothing towards the settlement of the plaintiff’s lawsuit and we were able to recover a substantial portion of our attorney’s fees from the plumbing subcontractor’s insurer.

• Plaintiff fractured his sesamoid bone when he stepped down on a rear dowel protruding from the face of an unfinished concrete sidewalk. The Court granted summary judgment to defendants, holding that Industrial Code § 1.7 was inapplicable to the facts of the case. Specifically, the rebar dowels on which plaintiff stepped and was injured constituted neither debris, scattered materials, nor a laceration risk. It thus dismissed plaintiff’s Labor Law § 241(6) claim.

• A flagman for a concrete subcontractor, was struck by a passing vehicle. The case settled after submission of summary judgment motions. Notably, not only was settlement of the underlying Labor Law §§ 241(6) and 200 claims achieved with zero contribution from our client, this firm pressed for and obtained full defense costs from the third-party defendant based on contractual indemnification.

• Represented general contractor, in a case in which the plaintiff, a former Marine, claimed serious personal injuries arising from a construction accident which occurred prior to his military service. Obtained military service records and interviewed commanding officers and based on plaintiff’s own admissions in his military record, which showed the absence of any injuries or restrictions, obtained a settlement of for 5% of the original mid-seven figure demand.

• Represented a major property developer, in numerous claims in which they were being sued for personal injuries related to construction accidents on their premises. In many of the cases, obtained complete indemnification and defense costs from the responsible sub-contractor.

• Successfully defended against multiple appeals which affirmed client employer’s dismissal from Labor Law lawsuit by demonstrating lack of “grave injury” notwithstanding claim of head injury.

• Successfully obtained complete indemnification for high profile financial institution in Labor Law suit that ultimately settled for $7 million.