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DEFECT WHICH ALLEGEDLY CAUSED PLAINTIFF TO FALL WAS NOT DESIGNED TO PROTECT AGAINST FALLS AND THEREFORE WAS NOT ACTIONABLE UNDER LABOR LAW 240 (1), PLAINTIFF NOT ENGAGED IN CONSTRUCTION, DEMOLITION OR EXCAVATION, THEREFORE LABOR LAW 241 (6) NOT APPLICABLE.

The Second Department determined plaintiff’s Labor Law 240 (1) cause of action was properly dismissed because, although he fell when getting out of an aerial bucket, the bucket was not extended and his injury was not related to the failure of a safety device designed to prevent falls. Plaintiff alleged he fell from the bucket because his foot got caught in an electrical device inside the bucket from which the cover was missing. In addition, the Labor Law 241 (6) cause of action was properly dismissed because plaintiff was not involved in construction, demolition or excavation at the time of the injury (he was hired to place an antenna on a utility pole):

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… [T]he bucket truck from which the injured plaintiff fell was not defective or inadequate insofar as it related to providing him with fall protection … . Although the dielectric liner was missing from the bucket, the injured plaintiff’s own deposition testimony was that this device was designed to protect workers from electrical shocks, and not falls. Therefore, its absence did not constitute a failure to protect pursuant to Labor Law § 240(1) … . …

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Further, the … defendants established, prima facie, that the work the injured plaintiff was performing at the time of the accident did not involve construction, demolition, or excavation and, accordingly, that Labor Law § 241(6) does not apply … . Robinson v National Grid Energy Mgt., LLC, 2017 NY Slip Op 03787, 2nd  Dept 5-10-17

 

LABOR LAW-CONSTRUCTION LAW (DEFECT WHICH ALLEGEDLY CAUSED PLAINTIFF TO FALL WAS NOT DESIGNED TO PROTECT AGAINST FALLS AND THEREFORE WAS NOT ACTIONABLE UNDER LABOR LAW 240 (1), PLAINTIFF NOT ENGAGED IN CONSTRUCTION, DEMOLITION OR EXCAVATION, THEREFORE LABOR LAW 241 (6) NOT APPLICABLE)

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