Worker Slipped While Repairing Window

LVT Number: 6692

Worker sued landlord for damages for personal injuries he suffered while working at landlord's building. While repairing a recently installed window on the fifth floor of the apartment building, the worker slipped on construction debris that had accumulated on the outer window ledge and fell to the ground. Landlord didn't provide safety devices that might have prevented the accident. The worker asked the court to rule that landlord was liable for his injuries without a trial. The court refused and worker appealed. The appeals court reversed.

Worker sued landlord for damages for personal injuries he suffered while working at landlord's building. While repairing a recently installed window on the fifth floor of the apartment building, the worker slipped on construction debris that had accumulated on the outer window ledge and fell to the ground. Landlord didn't provide safety devices that might have prevented the accident. The worker asked the court to rule that landlord was liable for his injuries without a trial. The court refused and worker appealed. The appeals court reversed. Because landlord didn't provide safety devices, he was liable for worker's injuries under state Labor Law Section 240(1).

[Keane v. Lee: NYLJ, p. 23, col. 3 (1/5/93) (App. Div. 2 Dept.; Thompson, JP, Bracken, Lawrence, Miller, JJ)].