STACKED SCAFFOLDING FRAMES WHICH TOPPLED ONTO PLAINTIFF DID NOT CONSTITUTE AN ELEVATION RISK, LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY DISMISSED; LABOR LAW 241 (6) CAUSE OF ACTION, BASED UPON CODE PROVISION REQUIRING SAFE, STABLE STORAGE OF BUILDING MATERIALS, PROPERLY SURVIVED.
Scaffolding frames had been stacked vertically against a column on ground level. Plaintiff, Hebbard, was injured when he attempted to move a frame and other frames toppled onto him. The Third Department determined the accident was not the result of an “elevation risk” and therefore would not support a Labor Law 240 (1) cause of action. However the Labor Law 241 (6) cause of action was supported by an industrial code provision requiring safe, stable storage of building materials:
Here, Hebbard was six feet tall. The frames were about the same height as Hebbard and they were located on the same level as him. He was engaged in moving them from one place on the garage floor to another place on the same floor and did so by carrying one at a time. As he picked up one frame, other frames also located on the same level tipped over. Under the circumstances and in light of recent precedent, the Labor Law § 240 (1) cause of action was properly dismissed.
… Elements of a viable Labor Law § 241 (6) cause of action include “the violation of a regulation setting forth a specific standard of conduct applicable to the working conditions which existed at the time of the injury and that the violation was the proximate cause of the injury” … . “The Industrial Code should be sensibly interpreted and applied to effectuate its purpose of protecting construction laborers against hazards in the workplace” … .
The relevant regulation provides: “All building materials shall be stored in a safe and orderly manner. Material piles shall be stable under all conditions and so located that they do not obstruct any passageway, walkway, stairway or other thoroughfare” (12 NYCRR 23-2.1 [a] ). Hebbard v United Health Servs. Hosps., Inc., 2016 NY Slip Op 00248, 3rd Dept 1-14-16
LABOR LAW (STACKED FRAMES WHICH FELL OVER NOT AN ELEVATION RISK)/LABOR LAW (STACKED FRAMES WHICH FELL OVER SUPPORTED LABOR LAW 246 (1) CAUSE OF ACTION)