Tuesday, January 17, 2017

Absolute liability under the Labor Law.

Practice point:  Once it is determined that the owner or contractor failed to provide the necessary safety devices required to give a worker proper protection, absolute liability is inescapable under § 240(1). In opposition to the motion for summary judgment, defendants must produce evidentiary proof in admissible form sufficient to establish the existence of a material issue of fact.

Case:  Erkan v. McDonald's Corp., NY Slip Op 00099 (1st Dep't January 10, 2017)

Here is the decision.

Tomorrow's issue:  Summary judgment on a Labor Law 240(1) claim.