Let us assume that plaintiff, a construction worker, falls into a trench during the course of his or her work. Does that kind of an accident come within the ambit of Labor Law §240(1)?
Up until the Court of Appeals’ decision last year in Salazar v. Novalex Contracting,1 the answer would have been a definite maybe, depending in part in which department one happened to be. Now, in the wake of the Court of Appeals’ ruling as to the fell-into-a-trench accident in Salazar, the answer is…almost precisely the same.
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