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AN OPEN MANHOLE IS NOT AN ELEVATION-RELATED HAZARD COVERED BY LABOR LAW 240(1) (SECOND DEPT).

The Second Department, affirming Supreme Court, determined falling down an open manhole is not an elevation-related hazard covered by Labor Law 240(1):

Labor Law § 240(1) “imposes upon owners and general contractors, and their agents a nondelegable duty to provide workers proper protection from elevation-related hazards” … . The statute “was designed to prevent those types of accidents in which the scaffold, hoist, stay, ladder or other protective device proved inadequate to shield the injured worker from harm directly flowing from the application of the force of gravity to an object or person” … . “Not every gravity-related injury is within the ambit of Labor Law § 240(1)” … . “‘Whether a plaintiff is entitled to recovery under Labor Law § 240(1) requires a determination of whether the injury sustained is the type of elevation-related hazard to which the statute applies'” … .

… [T]he plaintiff’s injuries, though the result of a fall, did not result from an elevation-relation hazard encompassed by Labor Law § 240(1) … . Bonkoski v Condos Bros. Constr. Corp., 2023 NY Slip Op 02296, Second Dept 5-3-23

Practice Point: An open manhole is not an elevated-related hazard covered by Labor Law 240(1).

 

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