This unfortunate death could have been prevented if the guy had work the safety gear provided by the employer. He is the sole cause of his own death by his own negligence. BUT….In the great state of New York there is the Labor Law Section 240 that will be cited in the wrongful death suit sure to be filed by the widow. It will allege the contractor was negligent in not making sure he wore his safety gear. See, in the contstruction trades in New York, the worker is never held negligent for his own stupidity and carelessness. It’s a beautiful thing the politicians and lawyers concocted. No other state in the union has a Labor Law like this. This guys widow/estate should get nothing. When someone knowingly refuses to wear safety equipment that would have saved his life……too bad. If he didn’t care enough about his life, nobody else should either.
Madgar is absolutely correct about NY Labor Law Section 240. A worker can (and they do) show up under the influence of alcohol or whatever drug is their choice and the employer and the property owner are statutorily liable for any injuries he may suffer as a result of a fall. I’ve had drunks fall from a 6″ height and sustain grievous and permanent injuries. Just shows the strength organized labor has in the great state of NY. And politicions? Everyone needs to own at least two…one for each side of any issue.
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This unfortunate death could have been prevented if the guy had work the safety gear provided by the employer. He is the sole cause of his own death by his own negligence. BUT….In the great state of New York there is the Labor Law Section 240 that will be cited in the wrongful death suit sure to be filed by the widow. It will allege the contractor was negligent in not making sure he wore his safety gear. See, in the contstruction trades in New York, the worker is never held negligent for his own stupidity and carelessness. It’s a beautiful thing the politicians and lawyers concocted. No other state in the union has a Labor Law like this. This guys widow/estate should get nothing. When someone knowingly refuses to wear safety equipment that would have saved his life……too bad. If he didn’t care enough about his life, nobody else should either.
Madgar is absolutely correct about NY Labor Law Section 240. A worker can (and they do) show up under the influence of alcohol or whatever drug is their choice and the employer and the property owner are statutorily liable for any injuries he may suffer as a result of a fall. I’ve had drunks fall from a 6″ height and sustain grievous and permanent injuries. Just shows the strength organized labor has in the great state of NY. And politicions? Everyone needs to own at least two…one for each side of any issue.