Worker Fell While Repairing Cable TV Wire

Worker sued landlord for not furnishing or erecting safety devices. Worker had been repairing and replacing television cable wire that was attached to, and ran through, the building when he fell from a ladder. Worker asked the court to rule in his favor without a trial. The court refused, and worker appealed. The appeals court ruled for worker. Under New York State labor law, landlord has an absolute responsibility to provide worker with safety devices. This wasn't a case where the worker had refused to use devices provided. The ladder which the worker stood on was unsecured and slipped. The fact that worker was willing to stand on it didn't lessen landlord's responsibility, although worker may have had some responsibility for the accident. And, even though worker was the only witness, there were no inconsistencies in any of his accounts of what had happened. The work needn't be performed on the building itself; the cable wire boxes were affixed to the building.

Rodriguez v. New York City Housing Authority: 599 NYS2d 263 (6/22/93) (App. Div. 1 Dept.; Carro, JP, Milonas, Wallach, Kassal, Nardelli, JJ)