Generally, in our columns we address topics in the field of personal injury law which we feel will be helpful to the bar. This column is somewhat different in intent. We feel compelled to reply to the "Perspective" column written by Jason Beckerman and Ryan Kearney. Their column is titled " Accountability in Elevated Construction Accidents" (NYLJ, May 8, 2013). It supports a proposed amendment to Labor Law §240(1) allowing comparative negligence as a defense. The amendment would gut the statute which protects construction workers in New York.

Labor Law §240(1) was enacted to protect workers exposed to gravity-related hazards requiring the use of the types of devices enumerated in the statute. Runner v. New York Stock Exchange, 13 N.Y.3d 599, (2009), and Wilinski v. 334 East 92nd Housing Development Fund, 18 N.Y.3d 1 (2011), which we have discussed in previous articles, were important decisions in which the Court of Appeals examined the relevant criteria in determining liability under this statute. Owners, general contractors and their agents will be held absolutely liable where a violation of Labor Law §240(l) is a proximate cause of injuries.1 To prevail, the plaintiff must prove that the statute was violated, and that the violation was a proximate cause of the injuries sustained. Comparative negligence is not a defense to §240(1).2

This content has been archived.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]