9533 Sandy Del Rosario V. United Nations Federal Credit Union

104 A.D.3d 515, 961 N.Y.S. 389 (1st Dept.) (March 14, 2013)

The plaintiff was hit by an electrical wire in the face, causing the ladder to wobble and the plaintiff to lose his balance. The court held that there was a viable §240(1) claim because the plaintiff was not provided with an adequate ladder. With respect to the §241(6) claim, the court held that the Industrial Codes relied upon were clear and specific commands.

Practice Note: Not only must the safety device be inadequate, but the failure to provide an adequate device must be the proximate cause of the plaintiff’s injuries.

Topics: Defective or Inadequate Safety Equipment; Industrial Code Regulations