Court of Appeals to Hear Billboard Labor Law Case (NY)

The plaintiffs’ bar is always on a quest to pull new types of cases into the strict liability imposed by New York Labor Law § 240.  The Court of Appeals recently granted leave to appeal to decide whether the modification of a billboard constitutes an “alteration” under the statute.

In Saint v. Syracuse Supply, Co., Joseph Saint was perched atop an elevated billboard, tasked with applying some new eye-catching advertisement.   While in the process of working, Saint apparently lost his footing and fell from the elevated platform.  Saint sued Syracuse Supply Co., the owner of the billboard, alleging that the owner violated Labor Law § 240 by not placing safety railings along the billboard platform.

The trial court held that the Labor Law applied because Saint was performing an “alteration” to the billboard.  The Appellate Division, Fourth Department reversed the trial court’s decision and dismissed Saint’s complaint, finding that applying an advertisement to a billboard does not constitute “altering” a building or structure as that term is defined in Labor Law § 240.  Rather, the court held that the activity is “more akin to cosmetic maintenance or decorative modification,” and is therefore not a protected activity.

The Court of Appeals granted plaintiff leave to appeal on April 8, 2014.  We will continue to follow this case and post on the decision when it is published.

Thanks to Steve Kaye for his contribution to this post.  Please write to Mike Bono for more information.