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Showing posts with label 240(1). Show all posts
Showing posts with label 240(1). Show all posts

Monday, February 08, 2021

Construction GCs Should Videotape Their Worksites to Avoid Lawsuits

Typically, when a construction worker gets injured on the job from an elevated fall, it's a slam dunk case against the GC. 


In fact, Labor Law § 240(1) imposes strict or absolute liability on general contractors, owners, and their agents regardless if the injured worker is partially at fault for falls at construction sites. 


The only real defense for the GC is that the injured worker was the sole proximate cause of the accident (called the, "recalcitrant worker" defense). But, how do you prove sole cause when everyone claims different facts? 


We just learned the answer in an appellate division case, Cordova v 653 Eleventh Ave. LLC.


The case was dismissed because "Surveillance footage of plaintiff falling from the ladder demonstrates that" it was solely the injured worker's fault. The ladder didn't move or shake, it was connected to the sidewalk bridge and scaffolding above and tied to the scaffold too. 


Moving forward, GCs should video your construction sites. It can save you a fortune.