Q: While fighting a fire as a volunteer for the village fire department, I was injured by the collapse of a pile of burning wood from a farm silo that was being demolished by private contractors hired by the farm owners in conjunction with the firefighting efforts.
A: Although the farm owners cannot be held liable for the manner in which the silo was razed by the independent contractors, there is an issue concerning whether the farm owners were negligent in creating and allowing a dangerous condition on their property and whether such alleged negligence caused plaintiff’s injuries.
There are also issues with regard to whether the municipal entities owed a duty to you. Your attorney will argue that, yes, they were in a ‘special relationship’ with you.
The defendants have a strong argument that you cannot recover under Labor Law §§ 200, 240(1) and § 241(6). They will argue that you were not an employee or employed at this site, and you were not a mechanic, workingman or laborer working for another for hire. Similarly, you were not permitted or suffered to work at the place of the occurrence. Thus, you were not within the class of persons entitled to the special protection afforded by the flat and unvarying duty imposed by the Labor Law.
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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