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PLAINTIFF WAS INJURED WHEN UNSECURED FENCE PANELS FELL ON HIM; HIS INJURIES ARE COVERED UNDER LABOR LAW 240(1) (FIRST DEPT). ​

The First Department, reversing Supreme Court, determined plaintiff’s injuries from fencing panels which fell over on him were covered by Labor Law 240(1):

Plaintiff was performing asbestos removal work on the roof of a residential building in NYCHA’s Mariners Harbor complex on Staten Island when the wind knocked over three unsecured panels of galvanized steel fencing onto plaintiff, causing his injuries. Each panel measured 8 feet in height and 8 to 10 feet in length. Together the panels had a combined weight of approximately 150 to 225 pounds.

… The fence had been partially dismantled and temporarily moved and stored in the area where plaintiff was working. Because of the reasonable possibility that they might topple onto the workspace, the panels required securing for the purposes of the undertaking … .

… [P]laintiff’s evidence demonstrated that the gravitational force generated by the wind-toppled steel fence panels was significant and a proximate cause of his injuries … . Plaintiff’s work involving asbestos removal fell within the protections of Labor Law § 240(1), as such work was part of a larger project to renovate multiple building rooftops at the Mariners Harbor complex … . Brito v City of New York, 2025 NY Slip Op 02869, First Dept 5-13-25

Practice Point: Here unsecured fence panels toppled onto plaintiff in the workplace. The injuries were due to gravitational force and therefore covered by Labor Law 240(1).

 

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