Jacobs v March Constr./Consulting

Holding The Appellate Division affirmed the denial of the plaintiff’s motion for summary judgment on Labor Law § 240(1) and § 241(6) claims because the defendants raised triable issues of fact regarding whether the plaintiff’s conduct was the sole proximate cause of her injuries. The court found that evidence of a marked, secured cover and instructions not to touch construction material were sufficient to defeat the plaintiff’s prima facie showing of liability.

The court’s words

Labor Law § 240(1) imposes upon owners and general contractors, and their agents, a nondelegable duty to provide safety devices necessary to protect workers from risks inherent in elevated work sites

2026 NY Slip Op 05292, at the official text

the defendants submitted evidence that the hole at issue was covered by a cover consisting of four pieces of roughcut timber

2026 NY Slip Op 05292, at the official text

the plaintiff was instructed to only clean up loose items of garbage and not to touch construction material

2026 NY Slip Op 05292, at the official text

Every hazardous opening into which a person may step or fall shall be guarded by a substantial cover fastened in place or by a safety railing

2026 NY Slip Op 05292, at the official text