Canas v. Harbour at Blue Point Home Owners Ass'n
Opinion of the Court
“Labor Law § 240 (1) imposes a nondelegable duty and absolute liability upon owners ... for failing to provide safety devices necessary for protection to workers subject to the risks inherent in elevated work sites who sustain injuries proximately caused by that failure” (Jock v Fien, 80 NY2d 965, 967-968 [1992]). Although “[a] fall from a ladder, by itself, is not sufficient to impose liability under Labor Law § 240 (1),” liability will be imposed when the evidence shows “that the subject ladder was . . . inadequately secured and that . . . the failure to secure the ladder, was a substantial factor in causing the plaintiffs injuries” (Melchor v Singh, 90 AD3d 866, 868 [2011]). Here, the plaintiff made a prima facie showing of his entitlement to judgment as a matter of law on the issue of liability under that statute by showing that, although he was provided with a ladder, as required by the statute, the ladder was not secured so as to prevent it and him from falling. Further, there was no assistance provided in holding the ladder while the plaintiff painted (see Hossain v Kurzynowski, 92 AD3d 722 [2012]; Santiago v Rusciano & Son, Inc., 92 AD3d 585 [2012]; Georgia v Urbanski, 84 AD3d 1569 [2011]; Kijak v 330 Madison Ave. Corp., 251 AD2d 152 [1998]).
The burden then shifted to defendants to “presentí ] some evidence that the device furnished was adequate and properly placed and that the conduct of the plaintiff may be the sole proximate cause of his . . . injuries” (Ball v Cascade Tissue
Case-law data current through December 31, 2025. Source: CourtListener bulk data.