Monday, June 13, 2016

Second Department Holds Defendant Liable Under Labor Law §240(1) Where Plaintiff Was Electrocuted and Fell From Scaffold

In Viera v WFJ Realty Corp., the plaintiff was injured from an electric shock and subsequent fall from a scaffold, which lacked railings. Plaintiff then commenced an action against defendants, asserting violations of Labor Law §§ 240 and 241. The Supreme Court denied plaintiff’s motion for summary judgment and plaintiff appealed to the Second Department. 

On appeal, the Court held that plaintiff was entitled to “judgment as a matter of law” under Labor Law § 240(1). The court noted that plaintiff was not provided with a safety device to prevent him from falling. As defendants failed to raise a triable issue of fact relative to proximate cause, summary judgment was granted in favor of plaintiff’s §240(1) claim.

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