Block Falling from Pallet Covered Under Labor Law 240(1)/Criteria for Common Law Indemnification Explained
The Second Department determined injury from a stone block falling from a pallet was covered by Labor Law 240(1). The court also explained the requirements for common law indemnification:
The defendants failed to establish their prima facie entitlement to judgment as a matter of law. Labor Law § 240(1) mandates that owners and contractors “in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.” The statute imposes absolute liability on owners and contractors whose failure to “provide proper protection to workers employed on a construction site” proximately causes injury to a worker … . The defendants failed to show that the injured plaintiff’s alleged injuries resulted from a general hazard encountered at a construction site and were not “the direct consequence of a failure to provide” an adequate device of the sort enumerated in Labor Law § 240(1) … . Those devices are intended to protect “against a risk arising from a physically significant elevation differential” (id. at 603). The defendants’ submissions did not establish that the accident was not the result of a failure to provide a protective device contemplated by the statute … . * * *
The key element of a cause of action for common-law indemnification is not a duty running from the indemnitor to the injured party, but rather, is a separate duty owed the indemnitee by the indemnitor … . ” Since the predicate of common-law indemnity is vicarious liability without actual fault on the part of the proposed indemnitee, it follows that a party who has itself actually participated to some degree in the wrongdoing cannot receive the benefit of the doctrine'”… . Desena v North Shore Hebrew Academy, 2014 NY Slip Op 05149, 2nd Dept 7-9-14