Symonds v. 1114 Ave. of the Americas is a recent Supreme Court, New York County case concerning Labor Law sec. 240(1). The plaintiff in this case fell from the seventh rung of a 10-foot, wooden, A-frame ladder while welding pipes near the ceiling of a worksite. The accident was unwitnessed, and the plaintiff claimed that the ladder had twisted and had no safety feet on it. Sounds like an open and shut Labor Law case, right?
As the New York Court of Appeals' decision in Blake v. Neighborhood Hous. Servs. of New York City has taught us, a fall from a ladder alone does not equal liability against an owner or general contractor. In Symonds, evidentiary proof existed demonstrating the distinct possibility that the plaintiff was intoxicated during the accident. Thus, Justice Sklar denied the plaintiff's summary judgment motion as to liability pursuant to section 240(1).
This case is an excellent example of why attorneys for owners and general contractors need to get involved in the investigation of a "height-related" accident as soon as possible.
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