Appellate Division, First Department Addresses Falling Object Issue: Labor Law sec. 240(1)

The New York Court of Appeals several years ago handed down an enigmatic case regarding falling objects under Labor Law sec. 240(1): Outar v. City of New York.  Since then, parties have tried to twist the terse Outar decision.  The Appellate Division, First Department in Metus v. Ladies Mile, Inc. cited Outar, holding that the junior beam (which hit the plaintiff in the face) was a "falling object" for purposes of Labor Law § 240(1) protection.  The Court noted that the beam was situated 8 to 9 feet above the ground and was actually part of the scaffold upon which the plaintiff's co-worker was standing.