A man was hired to renovate bathrooms in a home. He was also going to investigate a leaky skylight. The owner of the home gave him an extension ladder to use to reach the house’s roof according to a July 1, 2014 New York Law Journal article. The worker conducted a “safety check” of the ladder. However, he did not check if the rubber feet of the ladder were in good condition.

The man somehow fell off the ladder. He noted that he did not remember how he fell, but knew that the ladder slid before or while he was trying to get down. The worker was injured, and thus, he sued the homeowner under several sections of the New York State Labor Law. This law, Labor Law Section 240, protects workers with injuries resulting from elevated surfaces or materials.

The judge, however, dismissed the case for several reasons. First, according to USLaw.org, single-family and two-family homes have a special exemption from New York Labor Law Section 240. Also, a worker cannot sue this type of homeowner through Labor Law Subsections 240(1) and 241(6) or its subsections when the homeowner had not established “control” over the workers, which was the situation in this case. Additionally, the man was not sure exactly how the accident happened. He inspected the rubber feet of the ladder two weeks after the accident and found they were faulty and worn. However, the man could not prove that they caused the accident anyway.

If you have been injured in an accident, then you may be entitled to compensation to pay for medical ills, lost wages as well as for past, present and future suffering. You should speak to a qualified lawyer as soon as possible to discuss the circumstances of your case. Jayson Lutzky has been practicing law in New York for over 31 years and has recovered millions for clients over the years. If you would like to set up a free in office consultation, then call 718-514-6619. If you have been seriously injured, then hospital and home visits are available. Visit Mr. Lutzky’s office on the web at www.MyNewYorkCityLawyer.com.