Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers. In order to recover damages on a cause of action alleging a statutory violation, a plaintiff must establish the violation of an Industrial Code provision which sets forth specific safety standards, and must demonstrate that the injuries were proximately caused by the violation of an Industrial Code provision that is applicable under the circumstances of the case. Contributory and comparative negligence are valid defenses to a Labor Law § 241(6) claim.
Practice point: A party is not entitled to recovery under Labor Law § 241(6) based on a violation of 12 NYCRR 23-1.7(e) (1) where the object he or she tripped over was an integral part of the construction.
Case: Aragona v. State of New York, NY Slip Op 00954 (2d Dep't February 8, 2017)
Here is the decision.
Tomorrow's issue: A motion to strike an answer.
