A worker who was injured while operating an unguarded grinder can proceed with part of his Labor Law case thanks to a recent appeals court decision.
The New York Appellate Division, First Department ruled March 21, 2024 that part of the worker’s lawsuit was improperly dismissed by a lower court.
Grinder kicked back while he was working from a ladder
Richard Desprez was working on a construction project for United Prime Broadway LLC. At one point, he was standing on a ladder while using an unguarded grinder to cut a metal plate at chest height.
As Desprez worked, the grinder began to shake, eventually kicking back and striking him in the face.
Although the ladder did move from the grinder malfunction, it didn’t fall or collapse. Desprez didn’t fall because he held onto a wooden beam until his co-workers could come to his aid.
Lower court denies both claims
Desprez filed a lawsuit under sections 240(1) and 241(6) of the New York Labor Law.
Section 240(1) imposes absolute liability on property owners and general contractors for failing to protect workers from gravity-related falling hazards. Section 241(6) requires owners and contractors to provide adequate safety for construction workers.
A lower court granted summary judgment in favor of United under both parts of the lawsuit.
Lack of guard proof that law was violated
On appeal, the Appellate Division, First Department found that the 241(6) claim was improperly dismissed.
Section 241(6) is “a sufficiently specific safety standard” to support the claim, the appeals court said. Further, Desprez established in his testimony that the grinder lacked a guard and that he had complained to his supervisor about this defect.
For that reason, the appeals court said the lawsuit under section 241(6) could move forward with further proceedings.
The appeals court said that the 240(1) claim was properly dismissed because the injury didn’t arise from any kind of elevation-related risk presented by the ladder.