Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Brian J. Shoot

It is clear by virtue of a 2010 Court of Appeals’ ruling that a claim premised upon an alleged violation of §240(1) of the Labor Law can be barred, in precisely defined circumstances, if the plaintiff-worker’s failure to utilize a “readily available” safety device or elevating device was the “sole proximate cause” of his or her accident. Gallagher v. New York Post, 14 N.Y.3d 83 (2010). But what if there was no “readily available” safety or elevating device and the defendants instead blame the worker for his or her failure to construct such a device from materials that were “readily available” at the site? Can the worker’s failure to properly construct the device bar his or her §240 claim?

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Dig Deeper

Lean Adviser Legal

Think Lean Daily Message

"The world of Strategic Management (SM) has four traditional stages: Plan, Execute, Monitor and Improve. That s what we shall be doing, planning our work assignments as projects, executing them, monitoring our progress and then seeing how we can learn and improve."

Learn More


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.