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PLAINTIFF WAS STRUCK BY A STEEL BAR WHICH FELL DURING AN ATTEMPT TO HOIST IT WITH EXCAVATING EQUIPMENT; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION; PLAINTIFF DID NOT NEED TO DEMONSTRATE THE EXACT CAUSE FOR THE BAR’S FALLING, NOR DID HE NEED TO SPECIFY THE EQUIPMENT WHICH SHOULD HAVE BEEN USED (FIRST DEPT). ​

The First Department, reversing Supreme Court, determined plaintiff was entitled to summary judgment on the Labor Law 240(1) cause of action. Plaintiff was struck by a steel bar which apparently fell over as it was about to be hoisted by an excavation machine. Plaintiff did not need to demonstrate the exact circumstances under which the bar fell, nor did he need to specify the type of equipment which should have been used to hoist the bar:

Plaintiff was injured as he and his coworkers were making bases for cement columns by using a drilling/excavation machine to remove steel bars that had been drilled into the ground. Plaintiff testified that when removing the bars, a fabric sling was tied to the top of the bar, a hook was placed into the sling, and the drilling/excavation machine lifted the bar away. As the last bar was being removed, it fell and hit plaintiff. According to plaintiff’s testimony, the bar was standing vertically on the drilling machine and was not secured before the machine moved it.

Supreme Court should have granted plaintiffs’ motion for summary judgment on liability on their Labor Law § 240(1) claim. Plaintiffs demonstrated prima facie entitlement to summary judgment on this claim by submitting evidence establishing that the steel bar was not secured while the excavation/drilling machine was hoisting it out of the ground … . Even though plaintiff testified that he did not see the precise moment that the bar began to fall and was unsure whether a sling was attached to the bar at the time of the accident, he was not obliged to show the exact circumstances under which the object fell … . Furthermore, because the equipment used to hoist the steel bar failed to prevent it from falling, plaintiffs were also not obliged to specify the type of safety device that defendants should have provided … . Valarezo v HP Jamsta Hous. Dev. Fund Co. Inc., 2026 NY Slip Op 01148, First Dept 2-26-26

Practice Point: To be entitled to summary judgment on a Labor Law 240(1) falling-object cause of action, plaintiff need not demonstrate the precise circumstances which caused the object to fall.

 

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