Practice point: The Appellate Division affirmed the denial of that branch of plaintiff's motion which was for summary judgment on the issue of liability on the Labor Law § 240(1) cause of action. While a worker's contributory negligence is not a defense to a § 240(1) claim, liability does not attach if a plaintiff's actions were the sole proximate cause of the injuries.
Here, while plaintiff made out a prima facie statutory violation, defendants produced evidence that a safety harness and line were available to plaintiff; that he knew that he was required to anchor the line on the floor; and that the anchors, harness, and line would have prevented him from falling. Defendants also produced evidence that plaintiff consciously decided not to anchor the line as instructed. Defendant's submissions were sufficient to raise a triable issue of fact as to whether plaintiff's actions were the sole proximate cause of the accident.
Student note: The statute imposes upon owners and general contractors,
and their agents, a nondelegable duty to provide safety devices
necessary to protect workers from risks inherent in elevated work
sites. To prevail on the cause of action, a plaintiff must
establish that there was a statutory violation which was a
proximate cause of the injuries.
Case: Bascombe v. West 44th St. Hotel, LLC, NY Slip Op 00712 (2d Dept. 2015)
Here is the decision.
Monday's issue: Struck while crossing in the crosswalk.
