Brian J Shoot

February 03, 2022 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian J. Shoot addresses two unrelated issues that have produced anomalous rulings concerning the scope of Labor Law §§200, 240 and 241(6). One issue is whether a defendant contractor's affirmative creation of a hazardous condition can give rise to liability under Labor Law §200 even where the defendant did not have any supervisory authority over the activities of the site worker who sustained the resultant injury. The second issue concerns an activity that plainly constitutes "construction" within the scope of Labor Law §241(6) and yet has lately been deemed not to be "construction" for the purposes of Labor Law §240.

By Brian J. Shoot

19 minute read

November 04, 2021 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian J. Shoot considers two issues that recently generated illuminating Appellate Division dissents. One issue concerns construction and application of one of the most often cited Rule 23 subdivisions. The other issue concerns application of the workers' compensation bar.  

By Brian J. Shoot

23 minute read

August 05, 2021 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian J. Shoot discusses several Appellate Division rulings which, for one reason or another, are novel or noteworthy (or both). Two of the rulings have implications beyond the confines of construction accident litigation.

By Brian J. Shoot

9 minute read

May 05, 2021 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian J. Shoot focuses on developments "upstate" concerning Labor Law §§240 and 241(6).

By Brian J. Shoot

13 minute read

February 04, 2021 | New York Law Journal

In this edition of his Construction Accident Litigation column, Brian J. Shoot once again addresses a significant hole in Labor Law jurisprudence, specifically the "sole proximate cause" defense, by reason of two ostensibly conflicting Court of Appeals decisions, 'Klein v. City of New York' and 'Blake v. Neighborhood Hous. Serv. of New York City', which have never been harmonized

By Brian J. Shoot

6 minute read

November 05, 2020 | New York Law Journal

In his Construction Accident Litigation column, Brian J. Shoot revisits a 2017 decision that resulted in two immediate and almost polar opposite reactions from the bar, and examines how that holding has factored into litigation in the past three years. He also reviews two recent and contradictory rulings from the Fourth Department concerning the "sole proximate cause" defense.

By Brian J. Shoot

14 minute read

August 06, 2020 | New York Law Journal

In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue.

By Brian J. Shoot

11 minute read

February 06, 2020 | New York Law Journal

In his Construction Accident Litigation column, Brian J. Shoot presents a "Top 10" list of Court of Appeals' decisions involving §§240, 241(6) or 200 of the Labor Law, giving consideration to not only the importance of the determination in each case, but also its novelty, and, especially in one instance, the controversy that afterwards ensued.

By Brian J. Shoot

21 minute read

October 31, 2019 | New York Law Journal

In his Construction Accident Litigation column, Brian J. Shoot writes: When is a regulation sufficiently "concrete" to serve as a predicate for liability under §241(6) of the Labor Law? While the answer is in some instances clear, it is sometimes in the eye of the beholder.

By Brian J. Shoot

16 minute read

August 01, 2019 | New York Law Journal

Since the Court of Appeals rendered its majority ruling in 'Fabrizi', the court has not had occasion to further explain what it meant by the phrase “secured for the purposes of the undertaking” in falling object cases. The matter has, however, been repeatedly addressed at the Appellate Division level, albeit with varying results. In his Construction Accident Litigation column, Brian J. Shoot discusses the background of and decision in 'Fabrizi', and the Appellate Division’s attempts to apply the decision to other “falling object” cases.

By Brian J. Shoot

17 minute read