On April 28, 2010, our client, a 44 year old was a Local 3 union electrician was working at a NYC construction site located on 2nd Ave Manhattan, New York. Our client was working at an elevation trying to install and electrified sign and was not given the proper safety equipment. He was not given a scaffold, a co-worker to assist, or other devices to prevent him from falling. While he was working on a ladder at a height of approximately 15 feet when, due to violations of basic safety rules on the part of the Defendants, he was electrocuted and crashed into the concrete ground some 15 feet below.
Specifically the Defendant failed to provide a safe ladder with a spotter, failed to secure anchorage to which to tie off a fall arrest device (i.e. a safety belt and/or harness), failed to provide a scaffold or platform with rails, perimeter protection [i.e. nets or guardrails], and failed to shutdown the electricity to the area and ensure that the power to his work area was reliably turned off or remained off.
Our client injured his lower back and was unable to return to work. We were able to defeat claims from the defendant that he was the cause of the incident. We also defeated their attempt to avoid responsibility by arguing that our client had pre-existing injuries and damage to his spine. We were able to recovered economic damages for loss of income, benefits, and future medical expenses with a result of $7,000,000.