Practice point: To establish liability under § 241(6), a plaintiff must demonstrate that defendant's violation of a specific rule or regulation was a proximate cause of the accident.
Practitioners should note that the violation does not establish defendant's liability as a matter of law, but constitutes evidence of negligence and thereby reserves, for resolution by a jury, the issue of whether the equipment, operation or conduct at the worksite was reasonable and adequate under the particular circumstances.
Case: Seaman v. Bellmore Fire Dist., NY Slip Op01099 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Discovery
