When a Building Foundation Is an Elevated Risk

Saturday, January 14, 2006 | 0

WORKER'S FALL FROM TOP OF BUILDING FOUNDATION INTO BASEMENT IS AN ELEVATION RELATED RISK

Oliveira v. Long Island Home Development Corp., NYLJ 10/11/05 (Supreme Court, Nassau County) (FEINMAN, j)

This personal injury action arose out of an incident that occurred on September 24, 2002 at 8 Drohan Street, Huntington, New York. The plaintiff was working as an employee of subcontractor, Santa Maria Concrete Corp. The plaintiff was engaged in the construction and the erection of a structure. The contractor-owner was involved in the building of the structure, LI Home was the general contractor, and 57 Dorhan Road Corp. owned the premises.

On the date of loss, plaintiff was stripping forms off of a foundation which had been poured a day or two earlier. While he was in the course of his work, he was standing on top of the foundation wall prying forms off of the wall. He was using a 6 foot pry bar to accomplish this task, and no other equipment was provided to him, including no other safety equipment. Mr. Oliveira testified that at the time of the incident, he was on top of the basement foundation, removing wood forms, and fell backward inside the foundation, approximately 8 feet down.

Plaintiff moved for summary judgment on liability under Labor Law section 240(1), the "Scaffold Law."

Section 240(1) of the Labor Law requires that owners and general contractors "in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, swings, hangers, blocks, pulleys, braces, irons, ropes and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed." Violation of Labor Law