Labor Law Case of the Month: Defining an “Alteration” and the Sole Proximate Cause Defense, Specifically as it Applies to a Foreman

Join Labor Law attorneys David R. Adams and Eric Andrew for our monthly Labor Law Case of the Month webinar, examining two recent Appellate Division decisions addressing important defenses under Labor Law § 240(1).

First, David and Eric will discuss Hearns v. Blended Family LLC, in which the First Department held that drilling holes through two separate walls to run a cable did not constitute an “alteration” for purposes of § 240(1). The discussion will examine the decision in light of the longstanding standard established in Joblon v. Solow and explore what level of physical change to a building or structure is necessary for work to qualify as an alteration under the statute.

The webinar will also examine Veliu v. Verizon, in which the First Department found an issue of fact regarding the sole proximate cause defense where the injured plaintiff, a foreman, had the authority to direct workers to use available wood to brace a trench. The discussion will address when a plaintiff’s supervisory role, access to available safety measures, and knowledge of the need for those measures may support a sole proximate cause defense.

Attendees will gain practical insight into how these decisions may impact the evaluation and defense of Labor Law § 240(1) claims.

For more information and to register, click here.