Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the easy-footnotes domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the google-document-embedder domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the ninja-tables-pro domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the spam-free-wordpress domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the themelia domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /var/www/wp-includes/functions.php on line 6121

Deprecated: The called constructor method for WP_Widget class in wpcs_search_Widget is deprecated since version 4.3.0! Use __construct() instead. in /var/www/wp-includes/functions.php on line 6121

Deprecated: The called constructor method for WP_Widget class in wpcs_most_view_Widget is deprecated since version 4.3.0! Use __construct() instead. in /var/www/wp-includes/functions.php on line 6121
Scaffold Fall Results in Summary Judgment for Plaintiff Under Labor Law § 240(1) – Pospis Law, PLLC
Warning: Trying to access array offset on value of type null in /var/www/wp-content/themes/themelia/inc/themelia.php on line 274

Scaffold Fall Results in Summary Judgment for Plaintiff Under Labor Law § 240(1)

Last Friday the Appellate Division, Fourth Department issued a short but sweet (for plaintiffs) Labor Law § 240 (1) decision.

In Signs v. Crawford, plaintiff sustained injuries at a construction site owned by defendant “when a metal plate that was being hoisted by a jib fell and caught plaintiff’s glove, causing him to fall from scaffolding.”

The trial court denied defendant’s, and granted plaintiffs’, motions for summary judgment.  The appellate court affirmed both decisions.

The court held that since the metal plate fell and struck plaintiff “because of the absence or inadequacy of a safety device of the kind enumerated in Labor Law § 240(1) … the harm to plaintiff flowed directly from the application of the force of gravity.”

It rejected defendant’s contention that plaintiff’s actions were the sole proximate cause of the accident, reasoning that “Plaintiff’s actions in attempting to prevent the metal plate from falling raise, at most, an issue of comparative negligence, which is not an available defense under section 240(1).”

Finally, the court rejected defendant’s contention “that the accident here was caused by a hazard unrelated to the safety device” since “[t]he work being performed by plaintiff involved an elevation-related risk and not a usual and ordinary risk of a construction site to which the extraordinary protections of Labor Law § 240(1) do not extend.”

Share This: