Court of Appeals Declines to Apply Labor Law Â§240(1) to Worker Who Fell From Ladder While Cleaning Product Employer Manufactured
In Dahar v. Holland Ladder & Manufacturing Company, the plaintiff was injured when he fell from a ladder in a factory while cleaning a product manufactured by his employer. The product was a steel wall module that was at least seven feet high. After the module was fabricated, it had to be cleaned before it was shipped. Plaintiff was cleaning the unit while standing on a ladder when it broke and he fell to the ground. Plaintiff claimed that the ladder failed to provide “proper protection”; and liability should be imposed under Labor Law 240(1). The Court of Appeals rejected the plaintiff’s contention that the product was a structure within the meaning of the statute and held that his activity was not protected by Labor Law 240(1). The decision is important for plaintiff’s personal injury lawyers because it contains helpful language that should be cited in every motion, brief or legal writing involving a Labor Law 240(1) claim.