Falling Ladder Prima Facie for § 240(1)

Ladders Are Affected by Gravity Too Usually, when encountering a Labor Law § 240(1) case, we’re reading a fact pattern which shows plaintiff falling from a ladder, or some other object falling from a significant elevation differential on to plaintiff.  In this case...

Amend at Your Leisure, Part I

First Department Allows Mulligan on Industrial Code Pleadings for Labor Law § 241(6) As we’ve routinely covered, Labor Law § 241(6) causes of action require pleading of sufficiently specific New York State Industrial Code sections.  However, in a recent decision the...

“Ups and Downs of Elevator Work”

Unqualified Expert Keeps Plaintiff’s § 240(1) Claim on Ground Floor Expert witness submissions are pattern and practice in the summary judgment phase for Labor Law § 240(1) cases and a solid expert can “make or break” a summary judgment motion.  It’s important to...

“Homeowners’ Exception Exception”

Fall From Ladder Prompts Labor Law “Homeowners’ Exception” Analysis The most well-known exception to the Labor Law is the “homeowners’ exception,” and is found in the opening sentence of Labor Law § 240(1): “All contractors and owners and their agents, except owners...