In a recently published opinion, the Appellate Division, Second Department, upheld a Suffolk County Supreme Court decision granting summary judgment in favor of an injured bridge worker who slipped backwards off a scaffold while sandblasting the side of a bridge and fell 20 feet. The court held that the project manager’s affidavit stating that safety harnesses were provided to employees working on elevated surfaces; that anchor points were available to tie off the harnesses; that the scaffolding was equipped with safety railings; that ladders and a man lift were available on site; and that the foreman told the bridge worker that a safety harness was available was insufficient to create a triable issue of fact as to whether the worker’s own actions were the proximate cause of his injuries. Lopes v. Cnty. of Suffolk, No. 2022-08895, 2025 WL 850177, at *2 (N.Y. App. Div. Mar. 19, 2025). The Appellate Division affirmed the trial court’s determination that the bridge worker met his burden and demonstrated a violation of Labor Law § 240(1).
Read the full article by Andrew Stewart on the Construction Law Blog.