Owner of a Building Liable Under NYS Labor Law 240(1) in a Construction Accident


In Roblero v. Bais Ruchel High School, Inc., the plaintiff fell from a scaffold while he was doing plumbing work at a construction site owned by the defendant.  The plaintiff was not wearing a harness or a lanyard when he fell from the scaffold. 

The plaintiff brought the case against the owner of the building alleging that they violated Labor Law 240(1) which states that: “owners and general contractors, and their agents, have a nondelegable duty to provide safety devices necessary to protect workers from risks inherent in elevated work sites.”

On September 18, 2019, the Appellate Division determined that the owner is 100% at fault for the accident because he violated the Labor Law of the State of New York.  

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