Forklifts Required to Escape Labor Law § 240(1) Liability in First Department
In a recent decision, the Supreme Court, New York County denied defendant’s motion for summary judgment to dismiss plaintiff’s Labor Law § 240(1) cause of action.
In Bordonaro v. E.C. Provini Co., Inc., 2025 NY Slip Op 30273(U), plaintiff was employed as a carpenter at a construction site and on the date of the subject incident, he unloaded cabinets and counters from a truck using a pallet jack. While moving a thousand-pound cabinet out of the truck, plaintiff lost control and the weight of the cabinet pushed plaintiff off of the truck, causing injuries.
At the conclusion of discovery, defendants moved for summary judgment to dismiss plaintiff’s Labor Law § 240(1) cause of action. In a relatively short decision regarding this cause of action, the Supreme Court, New York County indicated that the First Department had previously analyzed the sufficiency of a pallet jack as a safety devices as it pertains to a § 240(1) cause of action. This analysis takes into account the weight and amount of force the object being moved is able to generate when unloading large loads from the back of trucks. In the instant matter, plaintiff’s testimony that the force of gravity on the thousand-pound cabinet pushed him off the truck. Testimony from plaintiff and other witnesses maintain that the accident could have been prevented if a forklift had been provided to move the cabinets. As a result, defendants’ motion was denied.
This is another “falling object” case as opposed to a “falling worker” case, so the focus is going to be on the object that allegedly required securing, in this case a thousand-pound cabinet. First Department precedent has established that pallet jacks are only “sufficient” up to a certain weight and will otherwise be deemed insufficient for the purposes of Labor Law § 240(1).
The Bordonaro decision can be found here.
For additional information, contact Philip D. Priore, Esq. and/or Michael J. Shields, Esq.
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