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EVIDENCE THAT THE A-FRAME LADDER FROM WHICH PLAINTIFF FELL WAS UNSECURED AND SHIFTED FOR NO APPARENT REASON WARRANTED SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION; EVIDENCE THAT THE LADDER WAS RESTING ON GARBAGE BAGS SPOKE TO COMPARATIVE NEGLIGENCE, WHICH IS NOT A DEFENSE (FIRST DEPT). ​

The First Department, reversing Supreme Court, determined plaintiff should have been awarded summary judgment on the Labor Law 240(1) cause of action in this A-frame ladder-fall case. The evidence that the ladder was unsecured and shifted for no apparent reason was sufficient to support summary judgment. The allegation that the ladder was resting on garbage bags spoke only to comparative negligence which is not a defense to a Labor Law 240(1) violation:

Supreme Court should have granted plaintiff’s motion for summary judgment as to liability on his Labor Law § 240(1) cause of action. Plaintiff established his entitlement to summary judgment through his testimony that while he was standing on the ladder, it shifted and fell for no apparent reason … . Plaintiff also established that he was provided with a safety device — namely, the ladder itself — but that the device proved to be inadequate … .

The testimony stating that the feet of the ladder were resting on garbage bags is insufficient to warrant denial of plaintiff’s motion, as there is no dispute that the ladder was unsecured … and at most, such evidence constitutes comparative negligence which is not a defense to a violation of Labor Law § 240(1). Rudzikewycz v 164 W. 79th St. Corp., 2026 NY Slip Op 03897, First Dept 6-18-26

Practice Point: If a ladder isn’t “secured” and it moves and plaintiff falls, plaintiff is entitled to summary judgment on a Labor Law 240(1) cause of action, irrespective of any comparative negligence.

 

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