The Court of Appeals repeatedly teaches that where statutory language is clear and unambiguous, effect is to be given to the plain reading of the words used. The lesson no less serves Labor Law-based actions. Treatment of the subject necessitates questionings.
Section 240
Analytically read, for owner and/or contractor §240 liability to come about, there must be building or structure activity of a kind named, where performance of an aspect at above floor level entails use of a listed or other[1] device to work from (e.g., a ladder or scaffold) or with (e.g., a hoist), and a worker suffers height-related harm due to device-linked culpability in defect, inadequacy for purpose, or unavailability for need. Absent any of these elements, §240 cannot be in play.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
