In Beshay v. Eberhart L.P., the plaintiff was injured when the blade from his co-worker’s saw flew off and hit his left eye. The plaintiff sued the premises owner alleging a violation of Labor Law § 241(6) based on an alleged violation of 12 NYCRR 23-1.8(a) that requires that “suitable, approved eye protection shall be provided for and shall be used by all persons while engaged in any operation which may endanger the eyes.” During his opening statement, plaintiff’s counsel stated that the plaintiff was wearing protective eye gear just before his accident, but had removed it to clean it when he was struck in his eye by the flying blade. After opening statements, the premises owner moved for judgment as a matter as law. The court granted the motion, holding that that the admission by plaintiff’s counsel absolved the premises owner of liability under Labor Law § 241(6).
Thanks to Cheryl Fuchs for her contribution to this post.