Strictly Liable Under New York Labor Law 240(1)

Latha Raghavan successfully argued an appeal of the trial court’s finding that the defendant was strictly liable for plaintiff’s fall injury under New York Labor Law 240(1). The Appellate Division agreed with the defense that there were sufficient questions of fact warranting trial since although plaintiff’s scaffold plank broke, causing plaintiff to fall, there was evidence that Plaintiff was warned not to use the cracked plank and there were other planks readily available. The Appellate Court rejected plaintiff’s argument that the defendants’ owner and contractor had an obligation to ensure that only sound planks were available.