Landlord Liable for Worker's Injury

Electrician sued landlord for damages after being injured in landlord's building while installing emergency light fixtures. While standing on the second or third step of a six-foot ladder, electrician lowered a ceiling tile and was hit in the face by debris from above the tile. He fell backward from the ladder and seriously injured his shoulder. The trial court refused to dismiss the case; the jury awarded electrician over $1 million for past and future costs and suffering. Landlord appealed, claiming no violation of Labor Law section 240(1) was shown, since there was no defect in the ladder or in the placement of the ladder and no proof concerning safety devices which might have been used to prevent the accident. The appeals court ruled against landlord. The Labor Law requires contractors and landlords to provide ladders and other devices that give proper protection when building repairs are being made. The provision of the ladder and its placement under the tile to be removed didn't prevent the fall. Landlord was required to provide a device to enable the electrician to work safely at an elevation, even a fairly low elevation.

Guillory v. Nautilus Real Estate: NYLJ, p. 25, col. 3 (3/16/95) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Asch, Nardelli, JJ)