Applying 'Runner' and 'Wilinski' Principles Under Labor Law 240(1) to Trench Cave-Ins
Historically, cases involving the collapse of in ground trenches have been difficult as earlier judicial decisions tended to exclude them from analysis under Labor Law §240(1). However, the 'Rivas' case gave this issue a fresh and incisive examination with a very different result.
September 25, 2023 at 12:00 PM
11 minute read
Labor Law
Labor Law §240(1) was enacted to protect workers exposed to the hazards of elevation related differentials. The statute is notable for specifying the types of tasks within its scope and the hazards for which it was formulated. It has been the subject of a comprehensive body of case law and important opinions by the Court of Appeals.
Historically, cases involving the collapse of in ground trenches have been difficult as earlier judicial decisions tended to exclude them from analysis under Labor Law §240(1), categorizing them as general construction site hazards not within the scope of the statute.
However, in Rivas v. Seward Park Housing Corporation et al, 2023 NY Slip Op 04415 (1st Dept, Aug. 24, 2023), the Appellate Division, First Department, applying the principles set forth in Runner v. New York Stock Exchange, 13 N.Y.3d 599 (2009) and Wilinski v. 334 E. 92nd Hous. Dev. Fund, 18 N.Y.3d 1 (2011) gave this issue a fresh and incisive examination with a very different result.
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