Gesturing Drivers and Another Thorny Labor Law Case

Safety tip of the day: next time you extend a driver or pedestrian a courtesy by waving them to go first, make sure the coast is clear, otherwise you can be on the hook for anything that happens as a result.  In Olhausen v. City of New York - the First Department held that a driver may incur a duty to a third-party by gesturing to another individual that it is safe to cross.  

In Salazar v. Novalex Contracting Corp. - the First Department held that a worker's fall into a 3-4 foot deep trench presented a valid Labor Law Sec. 240(1) claim.  The dissent argued that the majority's holding was inconsistent with prior decisions which found no liability where the situation did not call for the use of safety devices within the ambit of Labor Law Sec. 240(1) and was inconsistent with prior decisions which found no liability under Labor Law Sec. 240 where the injury producing activity was an integral part of the work.  Case also raised issues with Labor Law 241(6).