Summary
This New York Appellate Division decision affirms a trial court's grant of summary judgment dismissing a construction worker's personal injury claims against a school district and its contractor. The court held that Labor Law § 240(1) was inapplicable because the plaintiff's approximately five-foot fall from a truck cab did not involve a physically significant elevation-related risk. Additionally, the court found that Labor Law § 241(6) claims predicated on specific Industrial Code safety regulations were properly dismissed, as the alleged slip on a truck step did not violate the applicable floor or walkway standards. The appellate court concluded that the defendants met their prima facie burden and the plaintiff failed to raise a triable issue of fact.
Topics
Practice areas
Questions Presented
- Whether Labor Law §240(1) applies to the plaintiff's injury involving a slip on a truck step.
- Whether Labor Law §241(6) applies to the plaintiff's injury based on alleged violations of 12 NYCRR 23‑1.7(d) and (e)(2).
Holdings
- Labor Law §240(1) does not apply because the plaintiff's injury was not the direct consequence of a failure to provide protection against an elevation‑related risk.
- Labor Law §241(6) does not apply because the alleged violations of 12 NYCRR 23‑1.7(d) and (e)(2) are inapplicable to a slip on a truck step, which is not an elevated working surface or a tripping hazard covered by the regulations.
Key quotations
“Labor Law § 240(1) imposes a nondelegable duty upon owners and general contractors and their agents to provide safety devices necessary to protect workers from risks inherent in elevated work sites”
“Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers.”
Factual background
The plaintiff was working as a laborer for Sea Breeze on the roof demolition of Daniel Warren Elementary School. While retrieving tools from a Sea Breeze truck parked in the school parking lot, he slipped on the truck's top step and fell about five feet to the ground, sustaining injuries.
Procedural history
The plaintiff, an employee of Sea Breeze General Construction, sued the school district and elementary school for violations of Labor Law §§240(1) and 241(6) after slipping on a truck step at a construction site. The trial court granted summary judgment in part for the defendants and denied the plaintiff's cross‑motion. The plaintiff appealed.