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NY Labor Laws Do Not Apply in Construction Injury Case

Obtained summary judgment on behalf of a scaffolding subcontractor on the issues of New York Labor Law sections 240, 241(6) and 200.  The plaintiff alleged that, while he was working approximately 15 feet off the ground on an I-beam, he lost his balance and fell onto the beam on which he was standing. The plaintiff contended that the line of cases in which liability has been found in favor of a plaintiff who was injured while preventing himself from falling was applicable. The defense countered that, since the accident could have occurred at ground level, and there was no safety device that would have prevented the accident from occurring, the strict liability provisions of Labor Law sections 240 and 241(6) did not apply. The court agreed, dismissing the plaintiff's case in its entirety and no appeal is expected.

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