QUESTIONS OF FACT WHETHER PLAINTIFF’S INJURIES WERE CAUSED BY THE PLACEMENT OF THE SCAFFOLD OR THE ABSENCE OF RAILINGS.

The Fourth Department, reversing Supreme Court, determined there were questions of fact whether plaintiff’s fall was caused by the placement of the scaffold or the absence of railings on the scaffold:

We conclude that plaintiff failed to establish his entitlement to judgment as a matter of law under that statute. Specifically, we conclude that there is an issue of fact whether the scaffold failed to provide proper protection because it was not properly placed, thereby precipitating plaintiff’s fall, or ” whether plaintiff simply lost his balance and fell’ ” when his head struck the beam … . Plaintiff likewise failed to establish as a matter of law that the lack of safety railings on the scaffold, as required by 12 NYCRR 23-5.18 (b) … , is a sufficient basis for a determination of liability under section 240 (1) that the scaffold failed to provide plaintiff proper protection. Rather, we conclude that there is an issue of fact whether the presence of rails would have prevented his fall … . Kopasz v City of Buffalo, 2017 NY Slip Op 02305, 4th Dept 3-24-17

LABOR LAW-CONSTRUCTION LAW (QUESTIONS OF FACT WHETHER PLAINTIFF’S INJURIES WERE CAUSED BY THE PLACEMENT OF THE SCAFFOLD OR THE ABSENCE OF RAILINGS)/SCAFFOLDS (LABOR LAW-CONSTRUCTION LAW, QUESTIONS OF FACT WHETHER PLAINTIFF’S INJURIES WERE CAUSED BY THE PLACEMENT OF THE SCAFFOLD OR THE ABSENCE OF RAILINGS)