Fourth Department Applies Labor Law § 240(1) Where Worker Does Not Fall From Ladder

In Fladd v. Installed Bldg. Prods., LLC, the Fourth Department found that Labor Law § 240(1) applied where plaintiff was standing on an allegedly "wobbly" A-frame ladder and was injured when he was struck by a garage door, causing the ladder to become even more "wobbly."  The plaintiff never fell from the ladder, but injured his back as he attempted to steady himself.  The Fourth Department did, however, deny the plaintiff's motion for summary judgment finding numerous discrepancies in the Record as to whether the accident happened in the manner alleged by plaintiff and whether the ground on which the ladder was placed was appropriate, according to defendant's expert, for the work.