Credit: xy/Adobe Stock What Does the Future Hold for the Scaffold Law in New York?
Recently, the court has moved away from a punitive interpretation by reaffirming the plaintiff's affirmative duty to prove causation before granting summary judgment. But without Judge DiFiore's vote, the Scaffold Law may once again step towards the more draconian application of near strict liability.
August 23, 2022 at 09:00 AM
7 minute read
Judge DiFiore's retirement from the Court of Appeals may spell change for the court's ever-evolving interpretation of New York's Scaffold Law, Labor Law 240(1). In the 150 years since its creation and thousands of rulings, the Scaffold Law has been generally construed to favor plaintiffs. Recently, the court has moved away from this punitive interpretation by reaffirming the plaintiff's affirmative duty to prove causation before granting summary judgment.
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