Labor Law Update - Spring 2024

The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal of Labor Law claims stating that Labor Law § 240(1) was not intended to cover ordinary vehicle repair. The court stated that although the case involved a horrific incident that caused the plaintiff’s grievous injuries, the plaintiff was engaged in ordinary vehicle repair and not a protected activity under the Labor Law, which applies to workers employed in erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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