In order to successfully invoke liability pursuant to Labor Law § 241(6), the plaintiff must plead and prove a violation of a specific conduct-regulating provision of the Industrial Code of the State of New York. This statute imposes a non-delegable duty upon owners and contractors regardless of whether they exercise control. While the plaintiff does not have to prove actual negligence, they must show that a specific conduct-regulating provision of the Industrial Code was violated and that the…
By: Marshall Dennehey
By: Marshall Dennehey
