An Unpleasant Plank

Q: I was working for a demolition contractor. Somebody had removed a sidewalk and laid a piece of plywood on the ground. Now, I was pushing a cart of concrete across the plywood. It flexed, causing me and the cart to fall into a hole or trench that was three-feet wide and three-feet deep – part of which was underneath the plywood, and part adjacent.

A: First, section 240(1) of the Labor Law, more commonly known as the scaffold law, might be of use. Your attorney may wish to argue (a) that the plywood was, under the circumstances, the functional equivalent of a scaffold, meant to prevent you from falling into this hole, (b) that the three-foot difference between the surface of the plywood and the bottom of the hole was ‘physically significant’, and (c) that your injuries were the direct consequence of the defendants’ failure adequately to protect you against the three-foot difference in elevation.

Second, section 241(6) of the Labor Law provides that all areas in which construction, excavation or demolition work is being performed shall be so constructed, shored, equipped, guarded, arranged, operated and conducted as to provide reasonable and adequate protection and safety. Your attorney will need to show a violation of a specific safety regulation promulgated by the Commissioner of the Department of Labor – such as 12 NYCRR 23-1.22(b), which concerns structural runways, ramps, and platforms.

Third, section 200 of the Labor Law is a codification of the common-law duty to provide workers with a safe work environment. Here, your attorney will seek to show that the operator of the premises and the general contractor each had (a) the authority to supervise or control the performance of your work and (b) some kind of ‘notice’ of the dangerous flexing condition of the plywood, e.g. arising from its having been in place for an appreciable amount of time.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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