May 27, 2011

Labor Law.

Practice point: To establish a § 240(1) claim, plaintiff must demonstrate that defendant violated the statute, and that this violation was the proximate cause of his injuries.

Students should note that if plaintiff's actions are the sole proximate cause of his injuries, liability does not attach.

Tomlins v. DiLuna, NY Slip Op 04234 (2d Dept. 2011).


Tuesday's issue is extreme weather.