First Department Decision Reminds Us Warning Signs Are Not “Safety Devices”
In a recent decision, the Appellate Division, First Department partially affirmed a Supreme Court, New York County decision that granted plaintiff-decedent’s motion for summary judgment as to his Labor Law § 240(1) cause of action.
In Travalja v. 135 W. 52nd St. Owner LLC, 2024 NY Slip Op 05780, plaintiff-decedent was working on the 47th floor of the defendant’s building as part of a renovation project. While examining an issue with the drainage near the edge of the north side of the roof, the plaintiff-decedent fell over the approximately 18-inch-high parapet will and plunged 46 stories to his death.
The First Department agreed with the lower Court that plaintiff-decedent met his prima facie burden on summary judgment as to his Labor Law § 240(1) cause of action. An employee of a subcontractor who witnessed the accident testified that plaintiff-decedent was wearing a safety harness, but there were no proper tie-offs, lifelines, or rope grabs on the roof where he fell. This testimony was not refuted by any of appellants’ witnesses, who agreed that photos taken after the incident did not depict any anchor points for safety harnesses or other fall protection equipment.
Defendants offered no evidence of the availability of anchor points, or rope grabs at the time and in the area where the plaintiff-decedent fell. Though the defendant’s contend that warning signs posted on the roof doors instructed the plaintiff-decedent to tie off his safety harness, “an instruction to avoid engaging in unsafe practices it not in itself a ‘safety device’.”
A reminder from the First Department that warning signs directing workers not to engage in unsafe behavior at a jobsite, are not, in and of themselves, safety devices for the purpose of Labor Law § 240(1). The actual safety device, in this case a tie off or rope grabs, have to be provided.
The Travalja case can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
This article was prepared by McCormick & Priore, P.C. to provide information on recent legal developments of interest to our readers. This publication is in no way intended to provide legal advice or to create an attorney-client relationship. All Rights Reserved. This article may not be reprinted without the express written permission of McCormick & Priore, P.C.