In his Construction Accident Litigation column, Brian J. Shoot, a partner with Sullivan Papain Block McGrath & Cannavo, addresses two current controversies regarding application of Labor Law §240: One concerns the extent to which the element of foreseeability is relevant in assessing liability under Labor Law §240; the second concerns a largely unnoticed trend in which courts have penalized the plaintiff-worker for the transgressions of his or her employer in overstepping the bounds, temporal or geographic, in which the employer was authorized to work.
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Considering Foreseeability in Shaping Liability Under Labor Law
New York Law Journal
October 16, 2012
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