Practice point: The statute imposes a non-delegable duty upon
owners and general contractors to provide safety devices to protect
workers from elevation-related risks, and liability will attach where a
violation of that duty proximately caused injuries. Conversely, where a plaintiff's own actions are the sole
proximate cause of the accident or injury, there is no liability under
the statute. Where there is an adequate safety device readily available, and for no good reason plaintiff chooses not to use it, the statute does not apply.
Student note: The site safety consultant cannot
be liable for the accident under plaintiff's theories because it was a
subcontractor with no supervisory authority over plaintiff or his work.
Case: Barreto v. Metropolitan Transp. Auth., NY Slip Op 07118 (1st Dept. 2013).
Here is the decision.
Tuesday's issue: Derivative actions and pre-suit demands.
