2014 N.Y. App. Div. LEXIS 4079 ((June 10, 2014)

The plaintiff, at the time of his injury, was descending from the third to second rung of an unsecured ladder. The ladder, which had worn legs and no rubber tips, suddenly slipped and collapsed, causing the plaintiff to fall. The court granted the plaintiff’s §240(1) motion, noting that there was no evidence that he fell simply because he lost his balance.

Practice Note: Further, there was no showing that the plaintiff was expected or instructed to use other devices and for no good reason chose not to do so.

Topics: Unsecured Ladder; Failure to Provide Protection