Labor Law §240(1) was enacted to protect workers exposed to the hazards of elevation-related differentials that require the types of safety devices called for in the statute. The Court of Appeals’ decision in Runner v. New York Stock Exchange, 13 N.Y.3d 599, 895 N.Y.S.2d 279 (2009), has proven to be one of the most significant recent decisions addressing §240(1). It is notable for construing the statute more expansively than some of the other relatively recent decisions of this Court. Since it was decided in 2009, it has been widely cited. In this column, we review the Runner decision, and discuss how it has been interpreted and applied by the lower courts.

In Runner, the plaintiff and several co-workers had been directed to move an 800-pound reel of wire down a set of four stairs. To prevent the reel from rolling down the stairway, they had been instructed to tie one end of a 10-foot length of rope to the reel, and then to wrap the rope around a metal bar that was placed horizontally across a door jamb at the top of the stairway. The plaintiff and two co-workers held the rope to anchor the reel, while two other workers began to push the reel down the stairs. As they moved the reel, the plaintiff, who was “essentially acting as a counterweight to the reel,” was pulled toward the bar. He was ultimately pulled into the bar, and struck his hands against it. It was alleged that a pulley should have been used, instead of the makeshift rope system.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]