Barclay Damon
Barclay Damon

Strict Labor Law Liability Avoided

One of the more vexing provisions of New York law for owners and construction contractors is the New York Labor Law section 240(1), which includes provision for strict liability against owners and contractors for workers who fall from heights. Due to increasingly liberal construction of the statute, it has become more difficult to defeat summary judgment in favor of the worker. In a recent decision, the New York State Appellate Division, Fourth Department, affirmed a decision of the trial court refusing to apply this provision against the firm's clients, who were the owner and contractor, a global full service provider of turnkey pollution control systems, for a significant commercial construction project.


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Larry Oppenheimer

p: 716.566.1575

f: 716.846.1207

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