Contractor Liable to Worker Who Fell Off Ladder
On November 27, 2017 a New York County Supreme Court Justice held a general contractor liable, as a matter of law, for a construction worker's fall from an unsecured ladder. The only issue for a jury to determine is the amount of money damages owed to the worker. The worker was up on a ladder covering asbestos on a ceiling pipe. The worker's boss was holding the ladder but when the worker asked his boss to get some glue, that left no one holding the ladder. When his boss was some five feet away, the ladder tipped to one side and the worker fell while holding the ladder with both his hands.
The Court explained that the general contractor had violated the scaffold law (Labor Law 240 (1)) because the worker was left alone on an unsecured ladder. It is irrelevant that the worker asked for glue in order to do his job. He should have been provided all the necessary tools and glue--along with a secured ladder from which to work. Koladzyn v Adnron Construction, 2017 NYSUM 118793
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