Accidents Happen - Even Under the State Labor Law

In a three paragraph memorandum decision, issued on Jan. 19, 2010, the New York Court of Appeals acknowledged that a fall from a ladder, in certain instances, may simply be an accident. The determinative question in such situations is not whether the injured worker did something wrong, and thus, caused his own accident, making him the sole proximate cause of his injuries. Instead, the question should be whether there was a violation of the statutory requirement that workers be provided with proper protection from a gravity-related risk, e.g. a sound, properly placed ladder or scaffold. Where such equipment is provided, there is compliance with the statute and no further inquiry is necessary.

In Holly v. County of Chautauqua,¹ the Court of Appeals reversed the decision of the Appellate Division, Fourth Department, and denied the plaintiff’s motion for partial summary judgment for an alleged violation of Labor Law §240(1). While the opinion of the Court of Appeals includes only one sentence of substantive analysis, review of the two cases cited for support, Blake v. Neighborhood Hous. Serv. of N.Y. City,² and Davis v. Brunswick,³ provide explanation.

‘Holly’ Case History