Practice point: To invoke the protections afforded by the statute, a plaintiff
must demonstrate that he or she was both permitted or suffered to work
on a building or structure and that he or she was hired by an owner, contractor or their agent, to work at the site. In addition, at the time of the accident the plaintiff must have engaged in an covered under the statute.
Student note: Section 240 is intended to place the ultimate
responsibility for building practices on the owner and general
contractor in order to protect the workers who are required to be there
but who are not in a position to protect themselves from
accidents. It will be liberally construed to achieve this purpose.
Case: Gallagher v. Resnick, NY Slip Op 04774 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Res ipsa, and credibility issues on a motion for summary judgment.
