Friday, December 14, 2012

Labor Law § 240(1) Does Not Apply Where Gravity Acted On An Object Not Involved In Plaintiff's Work

In Garcia v. DPA Wallace Ave. I, LLC, the plaintiff was injured while dismantling elevator components when the "selector tape," a thin strip of metal broke and "snapped" upwards.  Tension was being kept on the tape by a counterweight located in an overhead room. The First Department affirmed dismissal of plaintiff's Labor Law § 240(1) claim, finding that the weight was not an object that required hoisting or a load that required securing for the purposes of the work being performed by plaintiff.  The Court observed that the Labor Law applies only when gravitational force acts upon the very object being hoisted or secured as part of the injured plaintiff's work. 

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