New York Injury Lawyers Blog

Favorable rulings were afforded to plaintiffs recently in two separate Labor Law disputes decided by the Appellate Division, First Department. Sections 240 and 241 of the Labor Law were addressed in the decisions.

In the first instance, partial summary judgment was granted to the plaintiff after he fell a floor while repairing an elevator. The latch worked improperly, causing the plaintiff to fall while repairing the elevator. The Court ruled that the latch was considered a "device" under the wording of Labor Law Section 240(1), which states that "[A]ll contractors and owners and their agents...shall furnish or erect...devices which shall be so constructed, placed and operated as to give proper protection to a person so employed." Because the Court deemed the latch a device, the plaintiff was entitled to recover under this section of the Labor Law.

In the second case, an inspector was injured while installing new subway tracks. The Court ruled that the defendant failed to conduct continuing inspections to ensure that the work area was maintained in a safe manner. As Section 241(6) of the Labor Law mandates, "[A]ll areas in which construction, excavation, or demolition work is being performed shall...provide reasonable and adequate protection and safety to the persons employed therein..."

Important to note in these Labor Law scenarios is that these are strict liability provisions. In other words, actions by the injured party that, under normal circumstances would render him or her comparatively liable, do not apply. It is the duty of the employer to ensure that its employees are working in safe environments.

Cordeiro v TS Midtown Holdings, LLC, 87 AD3d 904 (1st Dept. 2011).

Medina v City of New York, 87 AD3d 907 (1st Dept. 2011).

Late Sunday night into Monday morning, a seventeen year old was shot and killed by a NYPD detective during a failed robbery attempt. The detective, who was off-duty at the time, apparently identified himself as a police officer during the attempted mugging. After being repeatedly struck by a cane carried by one of his two assailants, the officer fired his weapon, striking one suspect in the chest.

The other attacker fled the scene but was arrested later. Any charges were not reported at the time of this entry. The seventeen year old died from the wound suffered by the shot. The off-duty officer was taken to the hospital for trauma and to treat the facial injuries incurred by the cane.

Website Resource: NY1, Kristen Shaughnessy, January 30, 2012