Practice point: An owner or its agent is liable under Labor Law § 240(1) if the
plaintiff was injured while engaged in an activity covered by the
statute and was exposed to an elevation-related hazard for which no
safety device was provided or the device provided was inadequate. The statute requires owners and their agents to
provide workers with adequate safety devices when they engage in
activities such as repairing or altering a building.
Student note: The
purpose of the statute is to protect workers by placing the ultimate
responsibility for work-site safety on the owner, and Labor Law § 240(1)
imposes strict liability on the owner for a breach of the statutory
duty which has proximately caused injury.
Case: Vasquez v. Cohen Bros. Realty Corp., NY Slip Op 02682 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Jury misconduct and a mistrial.
