Brian J. Shoot 'Sole Proximate Cause' Meets 'Everyone Was Doing It'
In his column on Construction Accident Litigation, Brian J. Shoot discusses the recent 'Biaca-Neto' case, where this was the principal issue.
August 06, 2020 at 12:00 PM
11 minute read
Should the plaintiff be permitted to recover under section 240 of the Labor Law when, on the one hand, plaintiff knew that he or she should have used a readily available safety device, but, on the other hand, "everyone" or virtually everyone at the work site was doing the very same thing?
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