Recent Litigation Under Labor Law Section 241(6)
Labor Law §240(1) and Labor Law §241(6) are important statutes in providing protection to workers engaged in a broad range of construction, demolition and other tasks. However, the two statutes are significantly different in their scope and proof.
November 27, 2023 at 10:00 AM
12 minute read
Labor Law §240(1) and Labor Law §241(6) are important statutes in providing protection to workers engaged in a broad range of construction, demolition and other tasks. However, the two statutes are significantly different in their scope and proof. Labor Law §240(1) imposes absolute liability for the failure to provide adequate protection against risks arising from physically significant elevation differentials encountered in the performance of enumerated activities specified in the statute. Comparative negligence is not a defense to liability under §240(1) and liability under this statute is not dependent upon the breach of any outside rules, regulation or standards of conduct. Zimmer v. Chemung County Performing Arts, 65 N.Y.2d 513 (1985).
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