Category: Falls from Ladders
Material Facts: Summary Judgment for Plaintiff despite Inability to Prove Type of Ladder
By: Robert P. Valletti, Esq. Many times, the liability aspect of cases involving New York Labor Law §240(1) are decided on “Summary Judgment.” When a party wins Summary Judgment, it basically means that there is...
Stallone v. Plaza Construction Corp. and the “Only/Sole Means” Doctrine
There is a concept in New York Labor Law §240(1) known as the “sole means” or “only means” doctrine which basically states that is the equipment or method used during a construction activity is the...
Construction Worker Falls to Death in SoHo
Twenty-eight-year-old Adrien Zamora was wrapping up his first day on the job when tragedy struck. According to the NY Daily News, he fell three stories from scaffolding and to his death. Workers for Bras-Al Construction...
A Worker’s Conduct and Poximate Cause: Aburto v. City of New York
By: Robert P. Valletti Even where a worker “violently and forcefully shakes” one of the rails of a scaffoled while dismantiling it, which ultimately causes the scaffold to collapse and the worker to fall through...
Reinforcing the Standard: A Plaintiff Is Not Required To Present Evidence of a Structural Defect in Failed Safety Equipment under New York Labor Law §240(1)
A common issue that personal injury lawyers deal with in cases involving the New York Labor Law §240 is whether the plaintiff is required to, or if not required to should do so anyway, present evidence of a specific structural defect in the safety equipment that failed and caused the plaintiff to fall from a height or sustain an injury from a falling object.
