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August 01, 2019 | New York Law Journal

Falling Object Liability: ‘For the Purposes of the Undertaking,’ Revisited

Since the Court of Appeals rendered its majority ruling in 'Fabrizi', the court has not had occasion to further explain what it meant by the phrase “secured for the purposes of the undertaking” in falling object cases. The matter has, however, been repeatedly addressed at the Appellate Division level, albeit with varying results. In his Construction Accident Litigation column, Brian J. Shoot discusses the background of and decision in 'Fabrizi', and the Appellate Division’s attempts to apply the decision to other “falling object” cases.
16 minute read
May 01, 2019 | New York Law Journal

Out to Lunch: §240 Rule in Four Departments Is More Nuanced Than Meets the Eye

In his Construction Accident Litigation column, Brian J. Shoot discusses what some view as a split between the First and Second Departments on an issue involving Labor Law §240. He writes that the so-called split is largely in the eye of the beholder and the rule in both departments—indeed, in all four departments—is more nuanced. That the plaintiff was injured while on his or her way to lunch should not of itself be disqualifying in any department in light of the governing Court of Appeals' rulings. However, the situation can change, in any department, when additional facts are present.
16 minute read
February 13, 2019 | New York Law Journal

What We Talk About When We Talk About Legal Malpractice

Clients may be told that another lawyer has committed “legal malpractice.” But, is it “legal malpractice” or merely a departure? What are the reviewers really saying when they talk of legal malpractice? In general, they have correctly determined that another attorney fell below the standard of good practice. That's a departure, but just the start of the analysis of legal malpractice.
11 minute read
January 31, 2019 | New York Law Journal

The Impact of 'Rodriguez' on Construction Accident Litigation

Although 'Rodriguez' did not arise from a construction accident, the decision indeed affects construction accident litigation. In this article, Construction Accident Litigation columnist Brian J. Shoot briefly reviews 'Rodriguez' itself, the ruling's general impact on personal injury litigation, and its particular impact on construction accident litigation.
11 minute read
November 02, 2018 | New York Law Journal

A Modest Proposal Concerning Some Regulations That Time Forgot

Construction Accident Litigation columnist Brian J. Shoot writes: Those of us who deal with the statute fairly regularly become inured to the basic illogic on which the entire §241[6] edifice rests. Yet, it did not have to be this way.
14 minute read
October 15, 2018 | New York Law Journal

Assumption of Risk Has Limits, Appeals Court Says in Injured Girl's Suit Against Ski Resort

The appeals court pointed out that, while there is some assumption of risk taken on by skiers, a person “will not be deemed to have assumed ... unreasonably increased risks.”
3 minute read
August 02, 2018 | New York Law Journal

Two Recurring Construction Issues: The 'Hoist' and the 'De Minimis Drop'

In a given year, there may be as many as 170 to 200 reported appellate decisions that involve application of Labor Law Sections 240, 241(6) and/or 200 to accidents alleged to have occurred during the course of a “construction” activity.
2 minute read
April 27, 2018 | New York Law Journal

The Fault Lines of the Law, Revisited

In his Construction Accident Litigation column, Brian J. Shoot discusses four rulings that were rendered over Appellate Division dissents, including one 4 to 1 ruling that was afterwards affirmed by the Court of Appeals.
12 minute read
February 20, 2018 | New York Law Journal

Superstorm Sandy Suits Over Breezy Point Conflagration Can Proceed: Top NY Court

Lawsuits accusing the Long Island Power Authority, LILCO and National Grid Electrical Services of negligence over fires that destroyed dozens of homes in Breezy Point, Queens, during Superstorm Sandy in 2012 can go forward, New York's highest court ruled Tuesday.
4 minute read
February 01, 2018 | New York Law Journal

Two Rulings Regarding Ramps

In this Construction Accident Litigation column, Brian J. Shoot and Susan M. Jaffe write: The Court of Appeals is frequently called upon to make rulings concerning the scope and application of Labor Law §240, the so-called scaffold statute. It sometimes explains the grounds for its determinations in great detail. This column concerns a recent case in which the court went in, well, a different direction.
14 minute read

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