This Fourth Department decision involves a plaintiff who injured himself when his foot went through a metal step leading to a job-site trailer, causing him to fall forward onto the staircase. The Fourth Department affirmed the Supreme Court determination that granted the defendants' summary judgment motion purusant to the Labor Law section 240(1) cause of action. It held that " 'the staircase upon which the plaintiff fell was a normal appurtenance to the [trailer] and was not designed as a safety device to protect him from an elevation-related risk.' " (quoted case omitted). The Court also dismissed the causes of actions pursuant to section 241(6) because the State Industrial Code violations that the plaintiff alleged were inapplicable to the facts of this case.
The Court also held that Supreme Court correctly granted that part of the summary judgment motion dismissing the section 200 cause of action againt the defendant owner of the project because the owner (1) established it exercised no supervision or control over the manner or method of the work's performance; and (2) had no authority to control the allegedly defective condition resulting in the plaintiff's injury. It also held that Supreme Court properly denied that part of the defendants' summary judgment motion as to section 200 against the general contractor because it failed to establish on the motion that it did not breach its duty to take reasonable care and prudence in securing the safety of the work area.
This case demonstrates that not every fall on a job-site is covered by the Labor Law.
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