Practice point: The touchstone of any § 240(1) claim is whether the harm flows directly from the application of the force of gravity.
Student note: A worker may recover under the statute even if he did not actually fall, or if he was injured while preventing himself from falling.
Case: Reavely v. Yonkers Raceway Programs, Inc., NY Slip Op 07366 (1st Dept. 2011).
Here is the decision.
Tomorrow’s issue: Default judgments.
