In O’Brien, a divided New York Court of Appeals focuses on expert opinions to determine the adequacy of safety devices under Labor Law §240(1).
Labor Law §240(1) (the Scaffold Law) imposes strict liability on owners and general contractors for injuries incurred by workers who suffer a gravity-related accident. The injury must be the result of a significant physical height differential between the worker and the work being done and the application of gravity on either the worker or an object that is the proximate cause of the accident.
