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AN ESCAPE LADDER BOLTED TO THE CEILING OF A PERSONNEL HOIST DETACHED AND FELL ON PLAINTIFF; PLAITIFF WAS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION (FIRST DEPT). ​

The First Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment in this Labor Law 240(1) action should have been granted. Plaintiff was in a personnel hoist when an escape ladder bolted to the ceiling detached and fell on him:

The injured plaintiff … demonstrated that the access ladder “required securing for the purposes of the undertaking” … . … [T]he hoist — an enumerated safety device — was “inadequate for its purpose of keeping plaintiff safe while engaged in an elevation-related activity” … .Safeway’s [defendant’s] hoist mechanic testified that the hoists were inspected every ninety days, which involved the performance of a drop test to ensure the car stopped, a check that all switches and safety features were operational, and a visual inspection of the ladder, including the wingnut, washer, and bolt, to confirm it was secured to the ceiling. He further testified that the ladder was provided as an “escape ladder” for workers to exit the hoist, thus rendering it an “essential component of the hoist” … . Tisselin v Memorial Hosp. for Cancer & Allied Diseases, 2023 NY Slip Op 06210, First Dept 11-30-23

Practice Point: Here an escape ladder bolted to the ceiling of a personnel hoist fell on plaintiff. Plaintiff should have been awarded summary judgment on the Labor Law 240(1) cause of action.

 

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