Summary :Harry Chacon-Chavez v. City of Rochester, 72 A.D.3d 1636, 900 N.Y.S.2d 799 (4th Dept. 2010)(Apr. 30, 2010). Plaintiff fell when the ladder on which he was standing slipped because it was not secured to the roof at the time of the accident. Because the ladder was inadequately secured, the court found a violation of §240(1). The court also refused to apply the sole proximate cause defense.
Practice Note: Once the plaintiff meets his or her initial burden that a safety device was not “so constructed, placed or operated to give proper protection,” the defendant must present evidence to the contrary and the plaintiff’s actions or inactions were the sole cause.