Labor Law 7 : Chute

Q: I was assisting in demolition work going on inside of a building.  An old elevator shaft, from which the car had been removed, was used as a chute for the disposal of debris removed by workers on upper floors.  I was assigned to remove debris from the bottom of the shaft.  After working in that area for a while, I was injured by a piece of wood that fell from the fifth floor.

A: You appear to have a good case that the owner and general contractor violated Labor Law § 241(6): there was no overhead protection in place at the time of your accident, in violation of various provisions of the Industrial Code, namely, 12 NYCRR 23-1.7 (a) (1), 23-1.20 and 23-2.5 (a).

Ideally, your attorney will succeed in having the project manager admit that he understood workers had to walk into the shaft to remove debris and that overhead protection was not in place on the date of your accident.

You need only show that the industrial regulations were applicable to your case, that they were violated, and that their violation was a proximate cause of the accident.  The defendants will doubtless argue that you were wallowing in comparative negligence: you will want to show that, no, you were being very careful.

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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