July 26, 2011

Labor Law.

Practice point: There is no § 240(1) liability when safety devices were readily available at the work site and plaintiff knew he was expected to use them but, without good reason, did not.

Student note: There may be § 240(2) liability when a worker is injured due to an elevation-related hazard.

Case: Pietrowski v. Are-East Riv. Science Park, LLC, NY Slip Op 05977 (1st Dept. 2011).

Here is the decision.

Listen here.

Tomorrow’s issue: Motions to dismiss.