Firefighter Fell from Ladder

LVT Number: 7089

A firefighter sued landlord after he was injured while fighting a fire at landlord's building. He jumped off near the top of a ladder that was leaning against the building. The ladder was unsecured and had started to slide over. Landlord asked the court to dismiss the case. The trial court ruled for landlord, and firefighter appealed. The appeal was dismissed. Under General Municipal Law section 205-a, landlord would be liable for any injury to a firefighter, which was caused directly or indirectly by not complying with the building code.

A firefighter sued landlord after he was injured while fighting a fire at landlord's building. He jumped off near the top of a ladder that was leaning against the building. The ladder was unsecured and had started to slide over. Landlord asked the court to dismiss the case. The trial court ruled for landlord, and firefighter appealed. The appeal was dismissed. Under General Municipal Law section 205-a, landlord would be liable for any injury to a firefighter, which was caused directly or indirectly by not complying with the building code. But there was no connection here between supposed building violations and the firefighter's injuries.

Schwarzrock v. Thurcon Development Co.: 597 NYS2d 41 (5/4/93) (App. Div. 1 Dept.; Murphy, PJ, Sullivan, Wallach, Ross, Kassal, JJ)