Worker Injured While Repairing Steam Leak

March 1, 1993

LVT Number: 6766

Worker fell from ladder/scaffold while repairing a steam leak in the boiler room of landlord's building. Worker sued landlord for negligence based on his injuries. Landlord claimed that it was impossible to prove landlord was at fault because worker was alone when the accident occurred. The court ruled that the accident was unquestionably landlord's fault. Under Labor Law Section 240(1), landlord is required to provide safety devices for workers. Landlord supplied wood planking and a 13-foot ladder for worker. Worker added his own 5-foot ladder to construct a scaffold.

Worker fell from ladder/scaffold while repairing a steam leak in the boiler room of landlord's building. Worker sued landlord for negligence based on his injuries. Landlord claimed that it was impossible to prove landlord was at fault because worker was alone when the accident occurred. The court ruled that the accident was unquestionably landlord's fault. Under Labor Law Section 240(1), landlord is required to provide safety devices for workers. Landlord supplied wood planking and a 13-foot ladder for worker. Worker added his own 5-foot ladder to construct a scaffold. Landlord's super saw worker on the ladder, left the room for 15 minutes, and returned to find worker on the floor, after he fell. This sufficiently supported worker's claim that he was injured by falling from the defective scaffolding

[Emerick v. 304 West 89th Street Associates: NYLJ, p. 26, col. 3 (2/16/93) (Sup. Ct. NY; Gangel-Jacob, J)].

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