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LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, LIGHTING BAR FELL ON PLAINTIFF WHEN HE WAS DISMANTLING AN EXHIBITION BOOTH.

The First Department, reversing Supreme Court, determined defendant’s motion for summary judgment on plaintiff’s Labor Law 240(1) and 241(6) claims should not have been granted.  Plaintiff was dismantling an exhibition booth when a lighting bar fell on him:

Since [plaintiff’s] specific task at the moment the accident occurred was ancillary to and part of the larger demolition job of dismantling the booths, in which he was to participate, plaintiff was engaged in an activity within the purview of Labor Law §§ 240(1) and 241(6) … .

… The lighting bar was an object that required securing to prevent it from becoming dislodged or falling during the work … . Further, in view of the weight of the lighting bar, we cannot conclude as a matter of law that the distance it fell was de minimis … . Nor did defendants demonstrate that any securing device would have defeated the task of removing the lighting bar .. .

12 NYCRR 23-1.8(c)(1), which mandates approved safety hats for persons “required to work or pass within any area where there is a danger of being struck by falling objects or materials,” is sufficiently concrete to give rise to Labor Law § 241(6) liability … . Rutkowski v New York Convention Ctr. Dev. Corp., 2017 NY Slip Op 00555, 1st Dept 1-26-17

LABOR LAW-CONSTRUCTION LAW (LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, LIGHTING BAR FELL ON PLAINTIFF WHEN HE WAS DISMANTLING AN EXHIBITION BOOTH)/DEMOLITION (LABOR LAW, LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, LIGHTING BAR FELL ON PLAINTIFF WHEN HE WAS DISMANTLING AN EXHIBITION BOOTH)/HARD HATS (LABOR LAW 240 (1) AND 241 (6) CAUSES OF ACTION SHOULD NOT HAVE BEEN DISMISSED, LIGHTING BAR FELL ON PLAINTIFF WHEN HE WAS DISMANTLING AN EXHIBITION BOOTH)

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