News & Analysis as of

Employer Liability Issues Construction Industry Negligence

Marshall Dennehey

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

Marshall Dennehey on

Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Littler

OSHA Announces Renewed Focus on Trenching and Excavation Work

Littler on

The U.S. Occupational Safety and Health Administration (OSHA) recently announced an update to its National Emphasis Program (NEP) on preventing trenching and excavation collapses....more

Clark Hill PLC

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

Clark Hill PLC on

The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

Carlton Fields on

Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Snell & Wilmer

Arizona Court Clarifies Premise Liability

Snell & Wilmer on

In a recent Arizona Court of Appeals case, the court clarified the rules for liability of a property owner to a person injured on the premises. In Lee v. M & H Enterprises, Inc. and Wal-Mart Stores, Inc. (filed April 21,...more

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