Practice point: An accident falls within the scope of § 240(1) when there is evidence that plaintiff was struck by a falling object which could have been, but was not, adequately secured by one of the devices enumerated in the statute.
Practitioners should note that an alleged violation of Industrial Code 9 NYCRR §§ 23-5.1(c) is insufficiently specific to support a
§ 241(6) claim.
Case: Greaves v. Obayashi Corp., NY Slip Op 07970 (1st Dept. 2008)
The opinion is here.
You can find the Code's language here.
