Construction Site Personal Injury Litigation, Third Edition

Contents at a Glance

The Plaintiff’s Lawsuit: Causes Of Action And Pleading Rules / Construction Accident Investigation / Labor Law § 200—Causes Of Action And Defenses / Scope Of The Scaffold Statute— Labor Law § 240 / Overview And Developments Concerning Labor Law § 241(6) / Insurance Coverage And Indemnity Unveiled / Evolution Of The Labor Law: A View From The Bench / Legislative History Of The Labor Law / Key Case Developments / OSHA Inspections And Enforcement Actions

Product Description

PC: 404721/404721E

Construction Site Personal Injury Litigation covers all aspects of claims brought under New York Labor Law §§ 200, 240(1) and 241(6). Since these statutory obligations are not based on fault, even the most experienced attorney must carefully scrutinize an injured worker's eligibility to proceed under one of these statutes. In fact, the Jury Verdict Reporter’s highest verdicts regularly include § 240 cases. With the stakes this high, understanding this law is crucial for all parties litigating these cases.

In the Third Edition, the authors have updated traditional concepts and analyzed the changes in interpretation that have occurred over the past few years, as well as the impact that the pandemic has had on the relevant statutory sections. The Third Edition covers topics such as:

• Pleading and proving the necessary elements of a cause of action;
• Preparing for the motion for summary judgment;
• Construction accident investigation and handling discovery;
• Insured coverage issues and indemnification;
• Recent key appellate case summaries to give the reader an overview of and update on the pertinent issues and their continual evolution.

Also included is a new chapter covering OSHA inspections and enforcement actions, including employer requirements in general, guidance for taking COVID precautions and the impact of OSHA violations on civil litigation.

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