April 25, 2011

Labor Law.

Practice point: On a § 240(1) claim, an injured plaintiff does not have to prove that the hoist was defective, only that he was not given proper protection.

Students should note that uncertainty as to exactly what preceded the accident does not create an issue of fact as to proximate cause.

Arnaud v. 140 Edgecomb LLC, NY Slip Op 02951 (1st Dept. 2011).




Tomorrow's issue is landowner's duties.