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QUESTIONS OF FACT ON THE LABOR LAW 240 (1), LABOR LAW 241 (6), AND COMMON LAW NEGLIGENCE CAUSES OF ACTION, PLAINTIFF WAS USING THE TOP HALF OF AN EXTENSION LADDER AND THE LADDER SLIPPED OUT FROM UNDER HIM (FOURTH DEPT).

The Fourth Department, modifying Supreme Court, determined neither party was entitled to summary judgment on Labor Law 240 (1), Labor Law 241 (6) and common law negligence causes of action stemming from plaintiff’s use of the top half of an extension ladder that slipped out from under him. With respect to the common law negligence cause of action against the property owner, the court explained:

Where the injured worker’s employer provides the allegedly defective equipment, the analysis turns on whether the defendant owner had the authority to supervise or control the work … . Where, however, the defendant owner provides the allegedly defective equipment, the legal standard “is whether the owner created the dangerous or defective condition or had actual or constructive notice thereof” … , because in that situation the defendant property owner “is possessed of the authority, as owner, to remedy the condition” of the defective equipment … . Contrary to defendants’ contention, they failed to establish as a matter of law that they did not create the dangerous condition of the ladder or have either actual or constructive notice of it. Moreover, “the absence of rubber shoes on a ladder is a visible and apparent defect,’ evidence of which may be sufficient to raise a triable issue of fact on the issue of constructive notice” … . Sochan v Mueller, 2018 NY Slip Op 04457, Fourth Dept 6-15-18

​LABOR LAW-CONSTRUCTION LAW (QUESTIONS OF FACT ON THE LABOR LAW 240 (1), LABOR LAW 241 (6), AND COMMON LAW NEGLIGENCE CAUSES OF ACTION, PLAINTIFF WAS USING THE TOP HALF OF AN EXTENSION LADDER AND THE LADDER SLIPPED OUT FROM UNDER HIM (FOURTH DEPT))/LADDERS (LABOR LAW-CONSTRUCTION LAW, QUESTIONS OF FACT ON THE LABOR LAW 240 (1), LABOR LAW 241 (6), AND COMMON LAW NEGLIGENCE CAUSES OF ACTION, PLAINTIFF WAS USING THE TOP HALF OF AN EXTENSION LADDER AND THE LADDER SLIPPED OUT FROM UNDER HIM (FOURTH DEPT))/NEGLIGENCE (LABOR LAW-CONSTRUCTION LAW, QUESTIONS OF FACT ON THE LABOR LAW 240 (1), LABOR LAW 241 (6), AND COMMON LAW NEGLIGENCE CAUSES OF ACTION, PLAINTIFF WAS USING THE TOP HALF OF AN EXTENSION LADDER AND THE LADDER SLIPPED OUT FROM UNDER HIM (FOURTH DEPT))

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