Practice point: Labor Law § 240(1) imposes a nondelegable
duty and absolute liability for workers' injuries proximately caused by an owner's failure to provide safety devices
necessary to protect workers subject to the risks inherent in elevated
work sites.
Student note: Although a fall from a ladder, by itself, is
not sufficient to impose § 240(1) liability, liability will be
imposed when the evidence shows that the
ladder was inadequately secured and that the failure to secure the
ladder was a substantial factor in causing the plaintiff's injuries.
Case: Canas v. Harbour at Blue Point Home Owners Assn.,
Inc., NY Slip Op 07082 (2d Dept.
2012).
Tomorrow’s issue: Improper service of an order to show cause.
