David Perecman and New York construction accident lawyers at The Perecman Firm scored a major victory for an injured construction worker. As importantly, they also advanced the law regarding construction worker protection in their appeal of the Stallone v. Plaza Construction Corp. case (Index No. 105940/08). The Appellate Division, First Department ruled that the plaintiff should have summary judgment on liability under New York Labor Law 240.
“We are extremely pleased with the court’s decision. Protecting the safety of construction workers on the work site must be the first priority. Whenever construction workers are working in locations which expose them to a fall, appropriate safety devices must, without question or exception, be provided,” said Perecman, a New York construction accident lawyer with more than thirty years of experience representing construction workers who were seriously injured in construction accident falls in New York.
The plaintiff, Michael Stallone, worked as a tower crane maintenance man whose daily responsibilities included climbing the tower crane to the cab. One workday, as he was descending from the cab, he slipped and fell after placing his foot on the first ladder rung. He fell 13 feet to the platform below. New York construction accident lawyers at The Perecman Firm argued that since the ladder’s rungs were round, narrow, and not equipped with anti-slip measures, the defendants had not provided sufficient fall protection for Stallone, who was working at an elevated height.
In addition, it was dark and the defendants had provided no lifeline to him as he climbed. New York Labor Law Section 240 requires contractors and owners to provide safety equipment that protects workers from a fall on ladders. Under the law, these employers are “strictly liable” for injuries that happen because of failure to provide these safety devices. Presenting the facts, New York construction accident lawyers at The Perecman Firm wanted a summary judgment. However, the trial judge wanted a jury to decide if the defendants were required to provide more protection than the ladder itself.
He denied a summary judgment motion, two separate times. The Appellate Division, First Department found that the lack of reasonable and adequate fall protection for the worker was enough to entitle him to summary judgment. The appeals court reversed the trial judge’s decision and granted the injured worker summary judgment, meaning a jury will decide only how much Stallone is entitled to. If you have been injured or lost a loved one in a New York construction accident or ladder fall accident, please contact the New York construction accident lawyers at The Perecman Firm.