WORKER HIT BY DUCTWORK ESTABLISHED A LABOR LAW CLAIM
Even though ARCR was on a construction site when he was hit by a duct while standing on a ladder, the New York County Supreme Court denied his motion for summary judgment on his Labor Law § 240(1) claim.
When an appeal ensued, the Appellate Division, First Department, thought that his request should have been granted, because he was working in a building that was undergoing demolition, and was standing on a ladder some 10 to 12 feet above the floor, and was not provided with any “safety device” when some ductwork hit him and the ladder; causing him to fall.
Since owners and contractors are required to provide “proper devices” to protect ladders from slipping or to prevent workers from falling, and because he was only given an “unsecured ladder,” ARCR was found to be entitled to relief in his favor.
Think they piped down after receiving that decision?
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DECISION