Keeping Inadmissible Hearsay Evidence Out of Your New York Injury Action in Order to Strengthen Your Case

There are several things you can do to strengthen your injury case and increase your chances of obtaining compensation for your injuries. One of these is to ensure that potentially harmful evidence that should not be part of your case is not allowed into evidence. A knowledgeable New York construction injury attorney can provide invaluable help in accomplishing this in your trial.

An example of a situation in which excluding evidence helped an injured man was the case of Javier. Javier was hired to do some painting work that required him to climb a ladder to paint a decoration on a sign that was attached to a deli. The deli owner provided Javier with an A-frame ladder. About 25 minutes into his job, Javier’s ladder shifted from side to side and fell, causing the painter to fall as well. Javier suffered a back injury, an ankle injury, and broken ribs. His injuries were serious enough that they required him to undergo surgery.

The ladder was the basis for Javier’s lawsuit and claim for compensation. The ladder was not secured, and, according to the painter’s legal arguments, this failure to secure the ladder led to Javier’s fall and injuries.

One of the many important decisions that must be made after you’ve suffered injuries working at a construction job (or any other job that allows you to seek compensation under Sections 200, 240(1) and 241(6) of New York’s Labor Law) is which people and entities you will sue. The key to a fully successful outcome, and getting the complete compensation you deserve, is to make sure that you name all of the entities who may be liable to you and whose failure to act or improper action led to your harm.

In a situation in which you are doing work for a business that is the commercial tenant of a building owned by someone else, the law may allow you to sue successfully both the tenant who hired you and the building owner, even if the building owner did not know that the tenant hired you. In Javier’s situation, he was able to pursue both the deli and its landlord for compensation in his legal action.

Another key to giving yourself the strongest possible case and achieving a successful result is keeping out evidence that should not be before the judge or jury. The law says that certain types of statements can be something called “hearsay.” In general, unless it falls within one of the narrow exceptions created by the rules of evidence, hearsay is not admissible and cannot be evidence against you in your case.

For Javier, he provided admissible testimony about the ladder and how it wasn’t secured. The defense tried to use statements made by the deli owner and one of the deli workers that would have weakened Javier’s case, but the statements were hearsay, so they could not be used to defeat the painter’s request for a summary judgment in his favor.

If you have been injured while you were working, consult the experienced New York City construction injury attorneys at Arcia & Associates. Our attorneys have dedicated themselves to working diligently to get our clients the recovery that they deserve.

Contact us at 718-424-2222 to learn more about how we can assist you.


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