Glass Plate in Wall Under Demolition Was Not a “Falling Object” within the Meaning of Labor Law 240 (1)

The Second Department determined injury caused by a glass plate that cracked and fell on plaintiff during demolition was not a “falling object” injury within the meaning of Labor Law 240 (1) because the glass did not requiring securing and the accident was not due to the absence of safety equipment:

The Supreme Court should have granted that branch of the defendants’ cross motion which was for summary judgment dismissing the cause of action alleging a violation of Labor Law § 240(1). Not every object that falls on a worker gives rise to the extraordinary protections of Labor Law § 240(1) ….. To recover, a plaintiff must show that, at the time the object fell, it was being hoisted or secured, or “required securing for the purposes of the undertaking”…. The plaintiff also must show that the object fell “because of the absence or inadequacy of a safety device of the kind enumerated in the statute” …. Here, the glass pane that caused the plaintiff’s injuries was slated for demolition at the time of the accident, and the defendants established, prima facie, that the glass pane was not an object that required securing for the purposes of the undertaking, that is, the demolition… .  Maldonado v AMMM Props Co, 2013 NY Slip Op 04781, 2nd Dept 6-26-13