Friday, May 6, 2016

Labor Law and accidents outside New York State.

Practice point:  Plaintiff was injured by an unguarded saw blade while working at a site located in New Jersey. At the time, he was aware that the part he was fabricating was going to be installed at a Manhattan construction site owned and operated by defendants.  Plaintiff filed several claims grounded in Labor Law §§ 200, 241[6]. The Appellate Division affirmed dismissal, as the protection afforded by the Labor Law does not extend to accidents that occurs outside New York State.

Student note:  The Labor Law's protection does not apply to out-of-state accidents even if all parties are New York domiciliaries.

Case:  Osborn v. 56 Leonard LLC, NY Slip Op 03246 (1st Dep't 2016)

Here is the decision.

Monday's issue: Rear-end collisions and an inference of negligence.