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Employers who learn about a dangerous condition or a defective product and fail to take reasonable steps to fix or warn about it raise sharply practical — and legal — questions. In New York the answers depend on (1) who was injured (an employee or a non-employee), (2) what statutory regimes apply (notably the workers’ compensation statutes and the Labor Law), and (3) what evidence exists showing the employer had actual or constructive notice of the hazard. Below I explain how notice figures into negligence and Labor Law claims in New York, how post-accident conduct (including failure to fix) is treated in evidence, and then walk through a representative case study so you can see those rules in action.
Continue reading “Notice, Negligence, and Workplace Injury Liability in New York State”


