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“Trench Collapses: A Caveat to Defense Counsel,” New York Law Journal

October 8, 2015
Theodore W. Ucinski III

“Without question, defense counsel can no longer take the attitude that they are anchored in the safe harbor of Labor Law §241(6) when it comes to trench collapses,” write Theodore W. Ucinski III and Gary A. Marshall, Jr., attorneys in Goldberg Segalla’s General Liability Practice Group.

In this article authored for the New York Law Journal’s “Outside Counsel” series, Ted and Gary explore the possibility that under the current case law, the scope of New York Labor Law §240 — the plaintiff-friendly and controversial “Scaffold Law,” which can impose absolute liability on owners and contractors for elevation-related construction accidents — could be extended to include trench collapses, thus broadening its application even further than it already has been.

Read the article here: