Liability for Construction Accidents and Injuries in New York

We all know that the construction industry is, by the very nature of the work, a hazardous occupation. New York construction workers are aware of this as well, which is why they are well compensated for the high risks they take. However, as the website of lawyers Hach Rose points out, this does not absolve the responsible parties of liability for preventable construction accidents or injuries that the workers sustain due to negligence.

Deciding on who may be held liable for such accidents or injuries will depend largely on the circumstances. It is not always the construction owner, manager or foreperson, although in most cases they typically have control over the workplace. A NY construction accident lawyer can determine the proximate cause of the injury and pinpoint all the parties involved, especially when it concerns a large construction project. Possible defendants for a workplace injury lawsuit include:

  • Construction site owner
  • General contractors – they are often delegated the control over the whole of a project by the construction site owner, and may be held responsible for unsafe working conditions for that particular project
  • “Prime” contractors – these are special contractors delegated to specific tasks i.e. electrical work over which they have sole control and may be held responsible for the safety of their workers and subcontractors they may hire
  • Architects and engineers – these professionals may be held responsible if the design and engineering plans and material specifications they provide the construction crew prove to be defective, resulting in injuries to the workers. They are also expected to check on compliance, the failure to do so may result in an unsafe worksite
  • Manufacturers of construction machinery or equipment – a construction site frequently makes use of high-powered and industrial grade equipment that can result in serious injury or death if it malfunctions or if they fail because they have been incorrectly rated for a particular task or load

If you have been seriously injured in a preventable construction accident, you have a right to be compensated. Consult with a construction accident lawyer in your state to find out who you can hold responsible.

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Defective Hip Implants Settlement Program is just the Beginning

The makers of defective hip implants that catastrophically failed and increased the risk of metallosis in patients announced established a settlement program to address civil complaints against the defective products.

It is estimated that Stryker and Howmedica Osteonics will be paying about $1.4 billion to patients who qualify under the program. The base compensation for each patient is $300,000, which may be higher depending on the extent of the damage and the consequences to the patient and other family members. The announcement was made on November 4, 2014. The deadline for registration to participate in the program was set for December 14, 2014.

The defective products in this landmark settlement program are the Stryker Rejuvenate and ABG II hip replacement devices. The initial recall was made in the first half of 2012 when numerous reports of adverse events started pouring in from patients that required revision or replacement surgery, or suffered significant pain and problems caused by the implants. The manufacturers are under the hammer for defect in design and failing to carry out adequate testing to ensure the safety of their patients.

According to the website of law firm Williams Kherkher, it may be too late to participate in the settlement program, but patients implanted with either device may still be eligible to file a defective medical device lawsuit against the manufacturers. Patients react differently under the same circumstances, and some may have a delayed reaction to the devices. Those that have begun exhibiting the following symptoms of metallosis after the deadline for registration has passed may still make a claim:

  • Breathlessness
  • Headaches
  • Loss of concentration
  • Loss of hearing
  • Pain in the groin area
  • Poor memory
  • Rashes

You should act on this right away before you develop complications. Have your doctor check on you, and consult with a defective hip implant lawyer in your state for assistance. Your journey is just beginning.

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4 Defenses against Criminal Charges

Just because you watch all the legal shows and listen closely to the criminal defense lawyers when they present their case does not mean that you can apply what you learn in real life. The law is always complicated even if the concept seems simple enough. As stated on the website of the Law Offices of Mark T. Lassiter, what is important is the strategy used to mount an effective defense.

Here are 4 of the most common defenses used in criminal court. Not all of them are accepted in all states, and in states where they, there may be major restrictions for their use. Some will be very familiar to you, but most probably not with the applicable federal and state laws, which is where the snag usually occurs.

Defense of Necessity – the defendant had no choice but to act in an unlawful manner to prevent a greater crime from execution. Many courts consider the circumstances very carefully before accepting this type of defense because as pointed out on the website of Kohler Hart Powell, SC, a good defense attorney can always make a reasonable argument for it. A good example is a mother shooting an individual who was holding her child as a hostage. Such cases therefore are very delicate.

Self Defense – the main difference between this and defense of necessity is that the defendant was the one facing risk of harm or danger. An example would be if the individual had been holding the mother hostage instead of the child, and the mother manages to shoot her kidnapper with his or her own gun. Another similarity between the two defenses is that the actions of the defendant should only be what were needed to avert someone else being hurt or killed.

Defense of Mistake – it is an accepted fact that ignorance of the law is not a defense, but this defense uses an ignorance of the facts rather than the law as its basis. An example would be a bar owner serving an alcoholic drink to a minor on the strength of a fake ID that showed the cardholder was of legal drinking age. A similar defense is that of accident.

Defense of Accident – the defendant did not intend to commit a crime. An example would be a pharmacist that confused similar sounding medication and gave the wrong one to a customer that resulted in that customer’s death.

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