Labor Law Case for Ladder Slip Dismissed Against Owner of One Family House Where Homeowner Didn't Direct or Control Work

Court: Supreme Court, Appellate Division, Second Department, New York

Case: Tomecek v. Westchester Additions & Renovations, Inc.

Date: 7/18/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens Injury lawyer)

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RELATED POSTS:

Ladder/scaffold

WORKER MAKING WINDOW REPAIRS TO DEFENDANTS' RESIDENTIAL BUILDING INJURED WHEN LADDER SLIPPED, WINS SUMMARY JUDGMENT UNDER N.Y.S. LABOR LAW; NO "HOMEOWNER'S EXEMPTION"

INJURED WORKER'S LABOR LAW CLAIMS FROM LADDER SLIP DISMISSED AT TRIAL

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Facts: This plaintiff was working at construction at a single family house. He set his ladder on uneven ground next to the house and fell off of it. He then sued the homeowner under New York State's Labor Law, which protects workers on ladders and scaffolds from height-related risks.

The Labor Law exempts (doesn't apply to) owners of one-family houses, unless they control or direct the work being done. This accident victim tried to squeeze his Labor Law claim into that exception, claiming that the owner managed the construction work being done on the house.

The homeowner made a motion for summary judgment which the lower court denied. This appeal followed.

Held: The homeowner showed that he played no part in directing the placement of the ladder or in supervising the work being done to his house. The homeowner was not negligent and is not liable under the Labor Law. The lower court's decision is reversed and the homeowner is granted summary judgment. Case dismissed.

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