The Second Department determined plaintiff’s motion for summary judgment was properly granted in this Labor Law 240 (1) action based upon the allegation an unsecured A-frame ladder shifted for no apparent reason cause plaintiff to fall from it:
Labor Law § 240(1) imposes upon owners and general contractors, and their agents, a nondelegable duty to provide safety devices necessary to protect workers from risks inherent in elevated work sites… . “To prevail on a Labor Law § 240(1) cause of action, a plaintiff must establish that the statute was violated and that the violation was a proximate cause of his or her injuries” … .
Here, the plaintiffs made a prima facie showing of their entitlement to judgment as a matter of law on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1). According to [plaintiff’s] deposition testimony, he was standing on an unsecured A-frame ladder when the ladder shifted for no apparent reason, causing him to fall … . In opposition, [defendant] failed to raise a triable issue of fact as to whether Alvarez’s own actions were the sole proximate cause of the accident … . Alvarez v Vingsan L.P., 2017 NY Slip Op 04241, 2nd Dept 5-31-17
LABOR LAW-CONSTRUCTION LAW (PLAINTIFF FELL FROM AN UNSECURED A-FRAME LADDER THAT SHIFTED FOR NO APPARENT REASON, SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY GRANTED)/LADDERS (LABOR LAW-CONSTRUCTION LAW, PLAINTIFF FELL FROM AN UNSECURED A-FRAME LADDER THAT SHIFTED FOR NO APPARENT REASON, SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION PROPERLY GRANTED)