Construction Worker Injured in Fall from Permanent Elevated Walkway Granted Summary Judgment under Labor Law

Case: Burton v. CW Equities, LLC

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

Date: 7/17/12

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

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CONSTRUCTION CONTRACTOR LIABLE UNDER SCAFFOLD (LABOR) LAW FOR FAILING TO PROVIDE LADDER TO PREVENT FALL OF WORKER WHO ASKED FOR LADDER TO UNLOAD TRUCK, AND THEN FELL 15 FEET TO GROUND

CONSTRUCTION WORKER'S SUMMARY JUDGMENT MOTION UNDER N.Y.S. LABOR LAW DENIED; QUESTION OF FACT IF SCAFFOLD HAD RAILINGS

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Facts: This construction worker plunged off a permanent concrete walkway elevated 15 feet off the ground. It passed over a pit and led to the part of the building being constructed. The walkway had no handrails. Plaintiff moved for summary judgment under New York State's Labor Law.

Held: It doesn't matter that the concrete walkway was a permanent structure. The defendants didn't properly protect plaintiff from this elevation-related construction accident risk.