Court of Appeals of New York

The protections of Labor Law section 240(1) do not apply to every worker who falls and is injured at a construction site. In a case involving a "fall-related accident" wherein a plaintiff was injured after climbing into a bundle of steel trusses to avoid being crushed by another bundle rolling atop of him, dismissal of plaintiff's Labor Law section 240(1) cause of action is affirmed where, although plaintiff asserted that the height at which he worked created an elevation-related risk, he failed to adduce proof sufficient to create a question of fact regarding whether his fall resulted from the lack of a safety device.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

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Court

• Court of Appeals of New York

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