Luckily she has no recourse under the “scaffolding Act” since it is a private residence… You’re on a renno site – i’m sure not the first time she was there – Probably no health insurance either. What say ye in PERSONAL RESPONSIBILITY??? Its called WATCH YOUR STEP YOU DUMB YAS – With the name Killian O’Brien I guess we be sure whether or not she was blonde can we?
How did she miss a huge whole that once had a pole in it? It’s not like its a small little hole that collapsed when she stepped on it.. She must have not been looking.
OK, Let me see if I have the facts. 1906 Bldg….which Lillian knew. Needs work which Killian knew……Old firehouse….Which Killian knew…..An OPEN HOLE…..unless Killian was portrayed by Patty Duke (If you are young, look it up in “IMDB.COM) she knew….Soooooo basically Killian is looking for some sort of new fangled golden parachute. KILLIAN IS KILLING ME.
The interior decorator had the responsibility to cover the floor opening under OSHA regulations. Had one of her employees fallen thru the opening, she would be guilty of a “serious and willful” violation of the safety regulations. She didn’t do her job!!!
Sounds funny at first but Interior Designers face big risks. We normally think of them as running around someone home picking drapes, and they do do that. But they also run around dangerous construction sites with open holes etc.
Because they think they run no risks, very few of them carry workers’ compensation coverage. With out WC here are her options.
1. Sue Anderson Cooper, a long shot, did AC even close on the unit yet?
2. Sue the GC/Developer, again a long shot, will the GL cover someone who should have had WC? Most GL policies I see explicitly exclude contractors of any type.
3. Sue her PC agent who let her run a business without comp…..
Look what this business has done to us. Every single one of us (I include myself) jumped to the same conclusion, without an iota of supporting data. The article didn’t give us a whole lot to go on, maybe they don’t want to taint the jury pool, but we all assumed she acted irresponsibly. Maybe Anderson covered the pole hole (it really is funny) with a piece of cardboard, or a Persian rug. Maybe she tripped over an Emmy, who knows? But we can’t presume that he doesn’t hold some degree of negligence. At least not with the info provided so far.
Grizzled and CSP you are both right and the rest of you are idiots. Lets assume she was aware of the hole from being there prior. ITS A HOLE UN THE FLOOR and therefore by definition a dangerous condition. If she slipped or lost her footing and fell in the hole, it doesn’t take away from the fact that an uncovered hole that size in flooring is a negligent condition.
I agree with Jaded…everyone jumped to the conclusion she did something wrong. Without knowing, was she an individual who was not subject to the WC law? As a homeowner, you are responsible for injury resulting from falls on your property. I would opine though that the renovation / general contractor will have to defend his actions in not covering the hole. Obviously situations like this involving celebs bring out the opinions that this person might just be looking for a “golden parachute” but let’s be careful before rushing to judgment.
When I started out adjusting claims, and dinosaurs roamed the earth, a major claims’ consideration was effective notice or knowledge of a hazard. Have we “Progressed” past that concept?
Besides, anyone that has seen Ghostbusters knows how cool it would be to have a Firemans Pole in your house.
Well back in the ice age when I adjusted claims, notice of a hazardous condition was a segment of the negligence on the insured’s part. It would be hard to argue the GC or subcontractor didnt have knowledge of the hole. As regards Killian, prior knowledge of the hole gives her some degree of negligence but does not in any way exonerate the insured, especially if she tripped and fell into it.
If Killian is typical of a poser “Interior Decorator”, the extent of her business expenses are for the box of business cards, and a home office all-in-one printer/fax/copier/scanner that she uses both for personal and business purposes, and an unendorsed tenant’s policy ignoring the office exposure, while at the same time having an expensive mink, large rings and watches, and other valuable articles insured on her tenant’s policy with a measily $25,000 in contents coverage.
Health insurance? Too expensive. Disability Insurance? Too expensive. Worker’s Comp? Proprietors don’t fall within the law. NYS DBL? None.
Anderson Cooper? Son of Gloria Vanderbilt, makes bucks on his own from his own television show on CNN – JACKPOT!
I saw nothing in the article to indicate she tripped and fell into the hole. It merely states she plunged 17 feet through the hole.
Now in the law a landowner owes certain duties to various people depending on their status. She would appear to be a licensee, depending on the law of New York.
If the fire pole had been there, a person can still fall through – because it’s made for sliding down. This designer can’t tell the difference between a gut rehab and a plate of calamari. All fans of “This Old House” know how to navigate these buildings. I’ve already sent Cooper an “application” for this job. I’m the best one for this job.
We ARE a jaded lot because of incalculable YEARS of watching settlements determined by the seriousness of the injury without regard to the responsibility of parties involved. In many jurisdictions, Killian’s activities at the time of the fall would be completely irrelevant if, in fact, she’s lucky to be alive. Killian got a boo boo. Time to pay pay.
The basis to sue Cooper is he is the landowner and he owes certain duties to people who come on his property. What those duties are depends on teh status of the injurde person , ie trspasser, licensee or invitee.
Could it be described as a “manual elevator” or an “express stairway without a railing”? Too bad she didn’t fall in a Fox News anchor’s home. At least they are more likely to be successful.
First things first. Is this a licensee person ? If so, she was obviously hired under specific contract to do whatever the job called for. She must provide, as an independent licensed contractor, specific workers comp. and general liability/completed operations to her client. Client, CNN actor, in this case,
becomes an additional insured under her insurance policies as listed above; including subrogations waivers, etc. etc.
So, she has no grouds whatsoever to sue her principal in the first place.
This is just a Media way of exploiting a
simple matter. You need to look at the contract provisions leading up to this work. Period.
l.z., in a perfect world all of that would be true. Unfortunately, we have generous (with other people’s money) judges who want to be the good guys and compensate any injured party no matter how culpable they are or what their relationship is/was to the defendant. If Ms. O’Brien’s injuries are truly semi-life-threatening (okay, so there probably isn’t a double hyphenated word in the dictionary), I’m betting she will be handsomely compensated by her semi-celebrity former client. The legalities typically matter not.
She has to win some sort of Super Irish name award. Killian’s is a great beer to boot!
If the hole was uncovered & there wasn’t any warning of the condition, would she have a valid claim?
**this is opinion, not fact, not condoned by Insurance Journal & has not been reviewed by legal counsel
Luckily she has no recourse under the “scaffolding Act” since it is a private residence… You’re on a renno site – i’m sure not the first time she was there – Probably no health insurance either. What say ye in PERSONAL RESPONSIBILITY??? Its called WATCH YOUR STEP YOU DUMB YAS – With the name Killian O’Brien I guess we be sure whether or not she was blonde can we?
Are you kidding! Your response is loaded with generalizations you have no right to assume.
Suck it up Killian. Watch where you are going next time…………
How come things can’t ever be your own fault? Oh yeah, no money in that……….
How did she miss a huge whole that once had a pole in it? It’s not like its a small little hole that collapsed when she stepped on it.. She must have not been looking.
OK, Let me see if I have the facts. 1906 Bldg….which Lillian knew. Needs work which Killian knew……Old firehouse….Which Killian knew…..An OPEN HOLE…..unless Killian was portrayed by Patty Duke (If you are young, look it up in “IMDB.COM) she knew….Soooooo basically Killian is looking for some sort of new fangled golden parachute. KILLIAN IS KILLING ME.
I guess I will take her off my list for interior decorators.
heh-heh, it says “pole”. It still says it.
There is no mention of any injury other than her attorney saying she was “lucky to be alive”. What a scam.
What, no “pole hole” exclusion? Who’s the underwriter on that policy?
Good one…… : )
What did the hole look like when she started on the 1st floor? So how could that same hole be on the 2nd floor too?
I’m surprised Anderson Cooper didn’t keep the pole for some of his boyfriends to slide down on.
All very perplexing….
I bet she was walking around and texting at the same time. Another good reason to not walk and text at the same time.
The interior decorator had the responsibility to cover the floor opening under OSHA regulations. Had one of her employees fallen thru the opening, she would be guilty of a “serious and willful” violation of the safety regulations. She didn’t do her job!!!
Sounds funny at first but Interior Designers face big risks. We normally think of them as running around someone home picking drapes, and they do do that. But they also run around dangerous construction sites with open holes etc.
Because they think they run no risks, very few of them carry workers’ compensation coverage. With out WC here are her options.
1. Sue Anderson Cooper, a long shot, did AC even close on the unit yet?
2. Sue the GC/Developer, again a long shot, will the GL cover someone who should have had WC? Most GL policies I see explicitly exclude contractors of any type.
3. Sue her PC agent who let her run a business without comp…..
Look what this business has done to us. Every single one of us (I include myself) jumped to the same conclusion, without an iota of supporting data. The article didn’t give us a whole lot to go on, maybe they don’t want to taint the jury pool, but we all assumed she acted irresponsibly. Maybe Anderson covered the pole hole (it really is funny) with a piece of cardboard, or a Persian rug. Maybe she tripped over an Emmy, who knows? But we can’t presume that he doesn’t hold some degree of negligence. At least not with the info provided so far.
I wouldnt be surprised!
Grizzled and CSP you are both right and the rest of you are idiots. Lets assume she was aware of the hole from being there prior. ITS A HOLE UN THE FLOOR and therefore by definition a dangerous condition. If she slipped or lost her footing and fell in the hole, it doesn’t take away from the fact that an uncovered hole that size in flooring is a negligent condition.
I agree with Jaded…everyone jumped to the conclusion she did something wrong. Without knowing, was she an individual who was not subject to the WC law? As a homeowner, you are responsible for injury resulting from falls on your property. I would opine though that the renovation / general contractor will have to defend his actions in not covering the hole. Obviously situations like this involving celebs bring out the opinions that this person might just be looking for a “golden parachute” but let’s be careful before rushing to judgment.
When I started out adjusting claims, and dinosaurs roamed the earth, a major claims’ consideration was effective notice or knowledge of a hazard. Have we “Progressed” past that concept?
Besides, anyone that has seen Ghostbusters knows how cool it would be to have a Firemans Pole in your house.
Well back in the ice age when I adjusted claims, notice of a hazardous condition was a segment of the negligence on the insured’s part. It would be hard to argue the GC or subcontractor didnt have knowledge of the hole. As regards Killian, prior knowledge of the hole gives her some degree of negligence but does not in any way exonerate the insured, especially if she tripped and fell into it.
Golfers call this “one in a hole.”
If Killian is typical of a poser “Interior Decorator”, the extent of her business expenses are for the box of business cards, and a home office all-in-one printer/fax/copier/scanner that she uses both for personal and business purposes, and an unendorsed tenant’s policy ignoring the office exposure, while at the same time having an expensive mink, large rings and watches, and other valuable articles insured on her tenant’s policy with a measily $25,000 in contents coverage.
Health insurance? Too expensive. Disability Insurance? Too expensive. Worker’s Comp? Proprietors don’t fall within the law. NYS DBL? None.
Anderson Cooper? Son of Gloria Vanderbilt, makes bucks on his own from his own television show on CNN – JACKPOT!
Didnt know we are considered idiots just for stating our opinions! Just like you have yours so do we… what makes you right and us wrong?
I saw nothing in the article to indicate she tripped and fell into the hole. It merely states she plunged 17 feet through the hole.
Now in the law a landowner owes certain duties to various people depending on their status. She would appear to be a licensee, depending on the law of New York.
If the fire pole had been there, a person can still fall through – because it’s made for sliding down. This designer can’t tell the difference between a gut rehab and a plate of calamari. All fans of “This Old House” know how to navigate these buildings. I’ve already sent Cooper an “application” for this job. I’m the best one for this job.
We ARE a jaded lot because of incalculable YEARS of watching settlements determined by the seriousness of the injury without regard to the responsibility of parties involved. In many jurisdictions, Killian’s activities at the time of the fall would be completely irrelevant if, in fact, she’s lucky to be alive. Killian got a boo boo. Time to pay pay.
Me either. Although I certainly hope she’s ok, I’m having difficulty connecting Anderson Cooper to her carelessness.
The lawsuit is because, as she was falling, she spilled her cup of McDonald’s coffee on herself, and she didn’t expect it to be hot.
We sure are jaded. Wait, spell that R-E-A-S-O-N-A-B-L-E and being able to use common sense. Sure doesn’t include attorneys does it?
The basis to sue Cooper is he is the landowner and he owes certain duties to people who come on his property. What those duties are depends on teh status of the injurde person , ie trspasser, licensee or invitee.
And we all know that what Anderson will pay is what a clever attorney can talk a jury into paying the plaintiff.
Could it be described as a “manual elevator” or an “express stairway without a railing”? Too bad she didn’t fall in a Fox News anchor’s home. At least they are more likely to be successful.
First things first. Is this a licensee person ? If so, she was obviously hired under specific contract to do whatever the job called for. She must provide, as an independent licensed contractor, specific workers comp. and general liability/completed operations to her client. Client, CNN actor, in this case,
becomes an additional insured under her insurance policies as listed above; including subrogations waivers, etc. etc.
So, she has no grouds whatsoever to sue her principal in the first place.
This is just a Media way of exploiting a
simple matter. You need to look at the contract provisions leading up to this work. Period.
l.z., in a perfect world all of that would be true. Unfortunately, we have generous (with other people’s money) judges who want to be the good guys and compensate any injured party no matter how culpable they are or what their relationship is/was to the defendant. If Ms. O’Brien’s injuries are truly semi-life-threatening (okay, so there probably isn’t a double hyphenated word in the dictionary), I’m betting she will be handsomely compensated by her semi-celebrity former client. The legalities typically matter not.