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Queens Worker Who Fell From Ladder Wins Judgment - Even Though Ladder Not Defective


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2/11/2010
Jonathan Cooper
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In Sinchi v. City of New York, a decision that was reported in today's New York Law Journal, and handed down by a Queens trial court on February 2, a construction site worker who fell from an unsecured ladder won summary judgment on his Labor Law §240(1) claim - even though there was no proof that the ladder was defective in any way.

Citing a litany of cases, the Court held that the plaintiff was entitled to a finding of liability against the defendants as a matter of law (i.e., even without a formal plenary trial), and stated as follows:

"Plaintiff established a prima facie case that his injuries resulted from a violation of Labor Law §240(1), with proof that an unsecured ladder upon which he was standing tipped over, causing him to fall and sustain injuries (see Yin Min Zhu v. Triple L. Group, LLC, 64 AD3d 590 [2009]; Barr v. 1575 Ave., LLC, 60 AD3d 796 [2009]; Mingo v. Lebedowicz, 57 AD3d 491 [2008]. Contrary to defendants' contention, where, as here, the plaintiff alleges that the subject ladder tipped over for no apparent reason, the plaintiff does not have the burden of setting forth evidence that the ladder was defective." (enphasis added)

For additional information on this topic, please see "What A Plaintiff Must Prove to Win A Construction Site Accident Case."



Category: Construction Site Accidents

Jonathan Cooper
Employment Litigation and School Negligence Lawyer

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