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Plaintiff Entitled to Summary Judgment on Labor Law 240 (1) Cause of Action—Plaintiff Was Standing on an A-Frame Ladder When It Swayed and Tipped Over

The Second Department determined plaintiff, Casasola, was entitled to summary judgment on his Labor Law 240 (1) cause of action.  Plaintiff was standing on an unsecured A-frame ladder when it swayed and tipped over. The incident occurred when Casasola was working on property owned by the State of New York. The court noted that, to be liable, the property owner need not have exercised any control over the work.  All the plaintiff must show is the violation of a statute proximately caused his injury:

Labor Law § 240(1) provides that “[a]ll contractors and owners and their agents . . . shall furnish or erect, or cause to be furnished or erected . . . 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 [construction workers employed on the premises]” … . The purpose of this statute, commonly referred to as the “scaffold law,” is to protect workers “by placing ultimate responsibility for safety practices at building construction jobs where such responsibility actually belongs, on the owner and general contractor, instead of on workers, who are scarcely in a position to protect themselves from accident” … . Casasola v State of New York, 2015 NY Slip Op 04798, 2nd Dept 6-10-15

 

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