New York Ironworker Slips on Paint Overspray at JFK Airport—Who is at Fault?

Thomas McAndrew, 36, an ironworker, worked at an outdoor construction site at John F. Kennedy International Airport, in Queens. In August of 2006, he walked to an area that housed safety equipment. Amid cluttered boxes, he slipped on paint overspray, fell and sustained injuries to his back and one finger.

He sued American Airlines; the construction project's manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Company, alleging they violated the labor law, created and then negligently failed to address a dangerous condition.

Because the area of overspray was open to the elements and became slippery when wet. McAndrew contended that rain the night before the accident had made the area especially slippery, and no tarp had been installed. He further claimed that the overspray and cluttered boxes had been the subject of several complaints by him and other contractors. It is important to be aware that a product is sold that can be added to outdoor paint that makes the paint slip resistant.

Although Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident, the case proceeded against the remaining defendants. The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident, and that McAndrew's damages totaled $4,913,231.30.

Are you working under unsafe conditions? No amount of money can replace your health; injuries at work such as the painful back injury suffered by Mr. McAndrew cause years of pain and suffering, and astronomical medical bills. If you’ve suffered an injury at work through someone else’s negligence, you are entitled to help with those bills. Call or email the Law Offices of Michael L. Neff today.