New York Business Litigation Lawyer Blog

The plaintiff, a construction worker, fell and was hurt while working on defendant's yacht. The plaintiff sued for his injuries. Under the labor law, one and two family dwellings are exempt from the rule that a property owner is liable for a worker's injuries no matter the level of the homeowner's control over the work site. The court found that a dwelling is defined as a structure in which people reside or sleep, but not limited to a building or primary residence. Because the defendant claimed that he and his family would regularly sleep in the yacht, and because the yacht had all the features of a small home and was treated by the defendant as a second home for tax purposes, the court found the yacht to be a home and defendant exempt from this law. The court dismissed the case. (11/06)