PJI 2:217.2 Injured Employee–Action Under Statute Imposing Absolute Liability states in part: “The defendant is not liable to the plaintiff if the plaintiff’s conduct was the sole cause of his accident.”
This pattern jury instruction is based upon the Court of Appeals decision in Cahill v. Triborough Bridge & Tunnel Auth., 4 N.Y.3d 35, 39 (2004) which stated “where a plaintiff’s own actions are the sole proximate cause of the accident, there can be no liability” under Labor Law §240.1
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