Practice point: Comparative negligence
is not a defense to an action predicated on Section 240(1). A plaintiff
in an action involving the collapse of a permanent structure must establish
that the collapse was foreseeable, not in a strict negligence sense,
but in the sense of foreseeability of exposure to an elevation-related
risk.
Student note: Section 240(1) will be construed liberally in order to accomplish its purpose, namely, to put ultimate responsibility for safety
practices at building construction jobs on the owner and the general contractor.
Case: Garcia v. Neighborhood Partnership Hous. Dev. Fund Co., Inc., NY Slip Op 00298 (1st Dept. 2014).
Here is the decision.
Monday's issue: Perfecting an appeal using an appendix.
