On October 3, 2019, a Nassau County Judge found a general contractor liable as a matter of law for the injuries suffered by a 46 year old construction worker who fell while working on the roof of a mansion in Old Westbury, New York. The plaintiff testified that neither he or any of the other roofers were provided safety harnesses and no admissible evidence was submitted in opposition to that claim.
It was held that since the general contractor failed to submit any evidence that safety equipment was available; or, that "plaintiff knew such safety equipment was readily available and where to find it, or that he was instructed or expected to use such safety equipment but chose not to" which constitutes a violation Labor Law Sections 240 (1) and 241(6). A jury trial will be held to determine what sum of money will fairly compensate the plaintiff for multiple wrist and rib fractures. Santos v Goodman, Nassau County, Sup. Ct., Index No. 601222/18