Issue: Does New York Labor Law 240 (1) apply to all workplace falls?
Area of Law:
Employee Law, Personal Injury & Negligence
Workplace falls; Work at a height
222 A.D.2d 775; 634 N.Y.S.2d 272
New York Labor Law 240 (1)
If a plaintiff’s work does not itself involve work at a height, there is no violation of Labor law 240(1). In Straight v. McCarthy Bros. Constr., 222 A.D.2d 775, 634 N.Y.S.2d 272 (3rd Dep’t 1995), the Third Department, Appellate Division held that a plumber who fell from an elevated plank, used for access into a building, to the ground was not protected under Labor Law 240(1) because his work, repairing a boiler in the basement of the house, did not involve work at a height, and as such, it was not necessary for the general contractor or owner to provide him with devices to protect him from work at a height. The reasoning being that he did not work at an elevation when he worked on the boiler.
Subscribe to Litigation Pathfinder
To get the full-text of this Legal Memorandum ... and more!
(Month-to-month and annual subscriptions available)