Construction Accident Litigation

Repair or Routine Maintenance; Sole Proximate Cause Defense

, New York Law Journal


In his Construction Accident Litigation, Brian J. Shoot discusses distinguishing a "repair," which is expressly covered by the so-called scaffold statute, from "routine maintenance," which is not; and the "sole proximate cause" defense, which will bar a plaintiff-worker's recovery when there was no statutory violation and the accident was solely caused by the plaintiff.

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