Tuesday, July 8, 2014

Labor Law § 240(1).

Practice point:  Labor Law § 240(1) imposes on owners a nondelegable duty to protect workers from elevation-related risks at covered work-sites. In order for the statute to apply, the worker must be working on a building or structure and must be performing a covered task, such as altering or demolishing.

Student note:  The injured workers's negligence, if any, does not change the analysis.

Case:  Kharie v. South Shore Record Mgt., Inc., NY Slip Op 04738 (2d Dept. 2014)

Here is the decision.

Tomorrow's issue: Struck by a bicycle, and the complaint is dismissed.