Construction Decking Equivalent of Ladder During Construction

Saturday, January 27, 2007 | 0

By Larry Rogak

Beharry v. Public Storage Inc., 2007 NY Slip Op 00102 (2d Dept 2007)

Deonarine Beharry, an iron worker, was injured at work when, as he was returning from a coffee break and ascending a flight of unfinished stairs from the second floor to the third floor, he stepped on the "metal decking" or the "intermediate platform" between the two floors and "went straight through" to the first floor.

He commenced this action to recover damages based on Labor Law section 240(1) against the owners of the premises, Public Storage, Inc., and PSAC Development Partners, LP, and the general contractor, Racanelli Construction Company, Inc.

At trial, the plaintiff moved pursuant to CPLR 4401 for judgment as a matter of law on the issue of liability with respect to his Labor Law section 240(1) claim. The Supreme Court granted the motion. The defendants appealed. The Appellate Division affirmed.

The "metal decking" was a "safety device within the meaning of Labor Law section 240(1). Because the decking served as a functional equivalent of a ladder at the time of the accident, the fact that it was to become a permanent landing for the stairway in the future was irrelevant."

Lawrence N. Rogak is an insurance defense attorney in New York. He writes The Rogak Report, a daily insurance law newsletter, and his insurance law articles appear in several industry publications. For more information see www.Rogak.com.

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