Despite a lower court ruling against it, the Appellate Division of the New York Supreme Court has ruled to allow a construction worker to sue a school district. The worker reportedly suffered a slip-and-fall accident while working at the school, located in Queensbury. The premises liability accident, which occurred on Feb. 10, 2011, caused the man to need surgery.
According to the report, the man was working on a heating and renovation project at the Queensboro school. He had been hired as a pipefitter and plumber. While walking downstairs, the man fractured his right femur in a fall. He had been on his way to the basement, where his tools were stored.
The lawsuit which the man filed claims that the stairway was dimly lit. He sued for negligence in a premises liability case. Other employees claim that they had no problem being able to see in the area where the man fell. Because of this, a lower court ruled to dismiss the case. The Appellate Division has reversed that decision.
It was discovered after the lower court's ruling that a co-worker noticed on the day before the accident, that a light bulb was out at the bottom of the stairs. This evidence led to the higher court's ruling to allow the case to proceed. While employees from the district's maintenance and technology department claim that there were no lighting issues, the co-worker disputes that allegation.
,In New York, as in other states, schools, businesses and other institutions are expected to provide a safe environment for the public, as well as for employees. In dimly lit areas, or places with ice and snow, a fall could happen. Anyone who has suffered from a premises liability accident could benefit from the advice and counsel of an experienced personal injury lawyer.
Source: poststar.com, "Slip-and-fall lawsuit against Queensbury school district can proceed", Michael Goot, Accessed on March 23, 2017