IF YOU FALL OFF THIS ROOF, DON'T GET BACK ON!

After falling off the roof of his brother's home, Kevin Luthringer asserted "Labor Law" and common-law negligence claims against Gregory Luthringer. (Both agreed Gregory had purchased the materials for the project, that the brothers both worked on the structure, and, that neither "supervised the project or the method or manner of the work.")

When the Erie County Supreme Court denied Gregory's request to dismiss the case, he appealed to the Appellate Division, Fourth Department.

The AD4 found New York State's Labor Law inapplicable as Kevin volunteered to help his brother, wasn't fulfilling an obligation or getting paid. In addition, because Gregory neither controlled nor supervised Kevin's work in any way, no liability under that statute could be established.

And, since Gregory didn't have notice of a dangerous condition which could cause his brother's fall, there wasn't a basis to find negligence either.

That roof razed Kevin.

To download a copy of the Appellate Division's decision, please use this link: Luthringer v. Luthringer