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Severe Construction Accident & Injury On An Outrigger Scaffold

Below is excerpt from construction accident lawsuit

Supreme Court, New York County 2004

JACINTO URBANO, Plaintiff, against PAVARANI CONSTRUCTION CO., INC., AND MADISON 45 LLC, Defendants.

PAVARANI CONSTRUCTION CO., INC, against GENERAL INDUSTRIAL SERVICES,

MADISON 45 LLC,,  against GENERAL INDUSTRIAL SERVICES, Decided on June 18, 2004 Supreme Court, New York County

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Lawsuit Background

This case stems from an incident that occurred on December 18, 2000, while plaintiff was doing hand demolition work on the sixth floor exterior of a high rise building at 360 Madison Avenue. Plaintiff was standing on an outrigger scaffold on the outside of the building when the scaffold collapsed and his life line failed, causing him to fall almost three stories to a platform below. Plaintiff sustained a skull fracture, brain injury, and disabling orthopedic injuries requiring multiple surgeries, leaving him completely disabled from his occupation.

Madison 45 LLC (Madison), the owner of the building and construction site, retained Pavarani Construction Co. (Pavarani) as the construction manager for the entire project. Pavarani subcontracted with General Industrial Services (GIS) to perform demolition services at the site, and plaintiff was employed by GIS as a demolition laborer.

After the accident, plaintiff brought actions against Pavarani and Madison for negligence and violations of various sections of New York State Labor Law, and Pavarani and Madison brought third-party actions against GIS.

New York Labor Law § 240(1) affords protection to construction site workers who are exposed to elevation hazards. See generally, Blake v. Neighborhood Housing Services of New York City, Inc., 1 N.Y.3d 280, 287-290 (2003)(liability under § 240(1) is contingent on a statutory violation and proximate cause). Specifically, § 240(1) provides that:

All contractors, owners and their agents . . . in the erection, demolition, repairing, altering . . . of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoist, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and operated as [*3]to give proper protection to a person so employed.

The statute places the ultimate responsibility for work-site safety practices upon the the owner and general contractor, and imposes strict liability for their failure to furnish, erect and insure the operation of safety devices necessary to give protection to the worker against the hazards of his work.

Above is from NY courts read more on this case at:

http://www.courts.state.ny.us/reporter/3dseries/2004/2004_50813.htm