Excavation work on construction sites is dangerous work. While using a construction roller during the preliminary phase of an excavation area in Rochester New York in preparation to build an apartment building, our client’s equipment was required to drive on a slope. Unfortunately, the grade was too steep, and the machine tipped over. Our client tried to jump out of the roller, but the machine rolled on top of him, killing him instantly. New York Labor Law Section 240 protects workers from being exposed to this exact risk and holds the property owner and general contractor responsible to provide protective devices to ensure accidents like this don’t happen. Rather than build a ramp, our client was required to drive over the dangerously sloped land. We sued both the property owner and general contractor. The case was handled by Trial Partner Victoria Lightcap.
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