Mapp v. NYC Housing Development

KINGS COUNTY
Labor Law

New York Law Journal

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Justice David Schmidt

Worker Mapp alleged he was injured while working on a building construction project. He claimed Labor Law §240(1) violations, noting a scaffold support completely collapsed and a six foot bar fell down striking his knee. The court noted plaintiff must show the harm flowed directly from the application of the force of gravity to the object and the injuries were the direct consequence of a failure to provide adequate protection against a risk arising from a physically significant elevation differential. Here, the court stated there was no indication Mapp's work placed him where he could fall from a height, where an unsecured item could fall on him or that the scaffold fell while being hoisted or secured or due to the absence or inadequacy of a safety device. It noted Mapp failed to present facts establishing the work he was required to perform was dangerous, out of the ordinary or that safety equipment was needed. Also, the court ruled Mapp failed to show the accident occurred as a result of anything more than the usual dangers of a construction site, and not the extraordinary elevation risks envisioned by §240(1). It granted defendants' motion to dismiss.

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