It is no secret that New York’s Labor Law §240(1) has narrowed in scope as the courts have continued to restrict its application over the last several years. This statute places liability on the owner or general contractor of a construction site when a worker’s injuries are the proximate cause of a failure to provide proper safety devices enumerated under the statute.
While courts are certainly protective of a worker’s rights under the Labor Law, they have simultaneously recognized that owners and contractors are not insurers and cannot be held responsible for each and every injury suffered at a work site. The courts have resolved these two views by limiting the application of this safe workplace statute to only those hazards specifically contemplated by the statute and also by questioning the somewhat sacrosanct belief that workers cannot protect themselves from work-site dangers. This article explores how the courts have addressed and tightened liability under Labor Law 240(1) with respect to injuries due to “falling objects” at construction sites.
Labor Law 240(1)
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