New York Injury Lawyers Blog

A Third Department Appellate Court recently ruled that an employee who fell from a ladder did, in fact, come under the protection of Labor Law 240, commonly known as the Scaffold Act. The plaintiff was installing a cable line at a subscriber's house at the time. He had finished the installation, and proceeded to check on a filter on cable wires outside the house. As the plaintiff was descending the ladder, it began to slide sideways along the hard wires that it was attached to. The plaintiff jumped off the ladder and was injured when he landed on the ground.

Under Labor Law 240, workers are protected while, among other things, making alterations to a building or structure. The Supreme Court originally entered summary judgment for the defendant, finding that the plaintiff's work at the time of the accident did not fall under the meaning of the word "alteration" as defined by the statute. Courts generally construe the Scaffold Act very liberally in order to afford ample protection to workers injured while working at an elevated height. This makes the original finding by the Supreme Court somewhat surprising, and the reversal by the Appellate Division less so. The Appellate Court found that replacing the filter was part of the work of alteration of the house, as the work ordered was not complete until the filter had been checked and replaced. The court states: "[A]s it is undisputed that the cause of the accident was the ladder's failure to provide the required protection, he (plaintiff) is entitled to partial summary judgment as to liability under Labor Law (section) 240."

As this blog has previously discussed, the Scaffold Act is a strict liability statute. Negligence on the part of the injured party does not mitigate the employer's responsibility to protect worker's from harm when working at an elevation. It is incumbent upon the employer to ensure that all necessary safety precautions are met to avoid accidents in these situations, because in almost all cases the court will find for the plaintiff if an injury does occur.

The Supreme Court of New York, Third Department (appellate court), recently upheld a summary judgment decision for the plaintiff, Joseph Miranda III, in a construction accident lawsuit. Miranda sustained a traumatic brain injury in a fall of approximately 30 feet at an Albany construction site.

Commonly referred to as "The Scaffold Act," Labor Law section 240 governs construction site fall accidents. Section 240 imposes strict liability on contractors. owners, and their agents; should the defendant be found in violation of the statute, no contributory negligence on the part of the plaintiff can mitigate the defendant's responsibility. The statute dictates compliant procedure to ensure the safety of workers. It clearly defines acceptable safety devices to be used when working in an elevation-risk setting as: "scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, [and] ropes." When the appropriate safety devices are not present at a construction site and a worker suffers a fall, courts will generally find for the plaintiff regardless of other circumstances.

In lieu of any of the above listed safety measures, the defendant in this case utilized a "safety monitoring system," whereby a designated worker is in place to warn other workers of there proximity to the edge. The court found that because a safety monitor offers no tangible physical support, the defendant violated Labor Law 240. On this issue of the suit, because there was no contested issue of fact, the court upheld partial summary judgment for the plaintiff. Based on Section 240, the court found that as a matter of law, the plaintiff necessarily prevailed on this issue of liability.

Other issues of fact existed in this case. One main lesson is clear: contractors and construction entities have a duty to protect the safety of their workers. This duty is guaranteed under the law, and courts have and will continue to uphold this guarantee. Joseph Miranda III has been left with a lifelong handicap as a result of negligence. With the court's help, at the very least he and his family have the peace of mind of knowing that the company has had to take responsibility for their negligence.

Continue reading "Summary Judgment In Favor Of Plaintiff Affirmed in New York Labor Law Construction Accident" »

A 44 year-old New York carpenter, Luis Barros, will recover $8 million for injuries sustained after falling 15 feet off of a scaffold on a New Rochelle construction job site. A Bronx jury awarded the plaintiff $18,500,000 but the parties had previously agreed to a high/low agreement whereby the plaintiff's maximum recoverable amount was $8,000,0000.

The theory of the case was that the scaffold was structurally defective. Barros claimed that he sufferd a fracture of an ankle and herniations of three spinal discs. He underwent fusion of a portion of his spine, and he claimed that his injured ankle will require fusion. Liability was decided via summary judgment, but the defense challenged Barros' spinal injuries, suggesting that they were products of degeneration.

Website Resource:

Verdictsearch; March 4, 2010.

A 50 year-old construction worker fell from a 15 foot scaffold while working on a residential construction site in Park Slope, Brooklyn (NYC). The plaintiff was painting an exterior wall of a four-story condominium at the time of the fall. The scaffold's platform collapsed, and he fell approximately 15 feet. He suffered fractures of both heels, as well as other injuries. After the fall, he was transported to New York Methodist Hospital in Brooklyn, where he was found to be in shock.

Plaintiff sued the owner of the premises, its management company, the architect of the project and two subcontractors. He claimed that the scaffold planks were unsecured and did not have a railing. He further alleged that the fall was the result of an elevation-related hazard under Labor Law § 240(1), and that he was not provided the appropriate safety equipment required. The parties negotiated a $2,500,000 pre-trial settlement.

The New York Construction Accident Attorneys of Gallivan & Gallivan provide aggressive representation to construction workers injured on the job, including falls from scaffolds. Please contact us for a free consultation of you have been injured on a construction site.