Summary: Felicito Ramirez v. Willow Ridge Country Club, Inc., 922 N.Y.S.2d 343 (1st Dept. 2011) (May 5, 2011). There was a dispute as to how the incident happened. The jury found that the defendants had violated §240(1), but that the statutory violation was not a substantial factor in causing the accident. Specifically, the jury found that a statutory violation existed with respect to the guardrail of the deck, but accepted the foreman’s version of the accident and found that the violation was not the proximate cause of the accident.
Practice Note: Not only must the plaintiff prove there was a violation, but the violation must be the proximate cause of the injury.