THE FACT THAT PLAINTIFF WAS USING HIS OWN LADDER WHEN IT FELL DID NOT PRECLUDE RECOVERY UNDER LABOR LAW 240(1); AS THERE WAS NO EVIDENCE OF MEASURES TAKEN TO PREVENT THE LADDER FROM FALLING, PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT (THIRD DEPT).

The Third Department, reversing Supreme Court, determined plaintiff was entitled to summary judgment in this Labor Law 240(1) ladder-fall case. Plaintiff brought his own ladder to the job and the feet of the ladder apparently slipped away from the wall. Plaintiff alleged the ladder should have been secured in some way (i.e., a person should have been holding the ladder):

… [T]here is no dispute that plaintiff used his own equipment, which does not preclude liability under Labor Law § 240 (1) … . The testimony as to the ladder’s functionality at the time of the accident does not aid defendants, as there is no dispute “that no one was holding the ladder from which plaintiff fell when it suddenly shifted or wobbled, and that no safety devices were provided to prevent the ladder from slipping or plaintiff from falling if it did” … . Nor is there some indication that plaintiff was recalcitrant in deliberately refusing available safety devices … . Barnhardt v Richard G. Rosetti, LLC, 2023 NY Slip Op 02574, Third Dept 5-11-23

Practice Point: Plaintiff was entitled to summary judgment on his Labor Law 240(1) cause of action in this ladder-fall case. The fact that plaintiff was using his own ladder did not preclude recovery.