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A FALL OF 2O TO 25 FEET FROM A RAMP USED TO TRANSPORT MATERIALS IS COVERED BY LABOR LAW 240(1) (FIRST DEPT.)

The First Department, reversing Supreme Court, determined plaintiff was entitled to summary judgment on the Labor Law 240(1) cause of action based upon his falling off a ramp. The fact that the ramp was not a substitute for a ladder or a scaffold was not relevant:

That the ramp was not intended to be used as a substitute for a ladder or scaffold, but rather was used to transport materials, is of no moment. Whether an accident involving a ramp is encompassed by Labor Law § 240(1) turns on a number of factors, the primary one being whether the ramp covered a significant elevation differential … . Here … the height differential from the top of the ramp to the ground was 20 to 25 feet…. . Liu v Whitestar Consulting & Contr., Inc., 2023 NY Slip Op 04821, First Dept 9-28-23

Practice Point: Here plaintiff fell 20 to 25 feet from a ramp used to transport materials. The fact that the ramp was not a substitute for a ladder or a scaffold did not place the accident beyond the reach of Labor Law 240(1). The extent of the elevation of the ramp was determinative.

 

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