It can be daunting to think about suing anyone, let alone a huge department store like Macy’s. The same Macy’s that brings us Santa Claus and the opening of the holiday season with their annual Thanksgiving Day Parade televised nationally. The same Macy’s with department stores all over the United States. However, big guys can be beat in New York courts with the assistance of proactive, aggressive and nuanced New York lawyers. Now imagine if you are an immigrant with little command of English that was injured when you slipped and fell on a wet floor that Macy’s negligently failed to warn you about. Your life has been flipped upside down. You are in constant pain from your injuries, you lost your job and your mental outlook is in a downward spiral of fighting depression and anxiety. Because of all this the plaintiff was going through and the language barrier,
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Workers Who Fall From Elevation Mean “Absolute” Liability For Owners And Contractors
New York property owners and contractors employing laborers working at elevation must make sure the workers are given proper protection or be subjected to “absolute” liability should the worst happen. We had a client who was a New York apprentice laborer working on the construction site of a charter school. While climbing the ladder swayed and my client fell more than one story to the floor below, hitting a metal toolbox on his way down to the floor. His injuries were extensive. His family, including his infant son, was left without insurance because he could no longer work. He underwent many surgeries to repair his back. We sued the owner and general contractor on his behalf, claiming that they failed to supply him with sufficient safety equipment. Workers like our client who fall from elevation are protected by NY Labor Law § 240(1), which holds contractors and property owners responsible
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