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.
Considering Foreseeability in Shaping Liability Under Labor Law
New York Law Journal
October 16, 2012
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