After the Concert

Q: Following a rock concert, I attempted to load a box onto a truck.  It contained materials from the concert stage, which was being dismantled.  Before the concert, the box had been taken off the truck with a forklift.  Despite this, I was now instructed to hoist the box onto the truck by hand.  Sure enough, when I attempted to lift the box, its weight shifted, and the box fell onto me.

A: With regard to section 200 of the Labor Law – common-law negligence – your attorney will want to look at the contracts among the arena, the promoter, your union and the band.  Read together, it is likely that these contracts give the promoter the authority and obligation to supervise and control your work.  Where, as here, the accident involves only the manner in which the work was performed, the promoter can be liable if it possessed that authority.

With regard to section 240(1), your attorney is likely to make at least three points.  First, the promoter was a licensee of the arena and had the authority to supervise and control your work.  Second, your accident is within the purview of section 240(1) because you were involved in the demolition of a structure, i.e. the concert stage.   Third, your injuries were a direct consequence of the defendants’ failure to provide adequate protection against a risk arising from a physically-significant elevation differential.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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