The ladder was broken. It wobbled when he climbed it. He told the foreman. The foreman told him to use it anyway. When the ladder gave way, a Brooklyn construction worker fell to the ground with injuries that ended his time on job sites.
Construction Worker Falls From Defective Ladder in Brooklyn
Our client was working at a construction site on 54th Street in Brooklyn when he was directed to perform tasks at elevation using a ladder that was visibly damaged. The ladder wobbled on its base, one of the rungs was cracked, and the locking mechanism that held the ladder in the open position was broken. Our client reported the condition to his supervisor, who instructed him to continue working with the equipment available.
While climbing the ladder to reach the work area, the defective rung gave way under his weight. The ladder shifted, and our client fell to the floor below. The fall caused lumbar disc herniations with nerve root compression, a fractured left ankle, and a torn meniscus in the right knee. The ankle required surgical fixation, and the lumbar injuries necessitated a microdiscectomy to decompress the affected nerve roots.
Labor Law §240 and the Duty to Provide Safe Equipment
New York Labor Law §240 imposes strict liability on property owners and general contractors who furnish defective or inadequate safety equipment to workers at height. The statute does not require proving negligence — the fact that the ladder was defective and that the defect contributed to the fall is sufficient to establish liability.
Our attorneys documented the ladder's condition through photographs taken by a coworker after the incident, which showed the cracked rung, the broken locking mechanism, and the wobble that our client had reported before the fall. We also obtained testimony from the supervisor confirming that he was aware of the ladder's condition and directed our client to use it regardless.
"Our client told his supervisor the ladder was broken. The supervisor told him to use it anyway. Labor Law §240 exists for exactly this situation — when workers are forced to use defective equipment because nothing better is provided. The property owner bears strict liability for that decision." — Howard Raphaelson, Founding Partner
$750,000 Mediation Recovery for a Brooklyn Ladder Fall
This $750,000 mediation result covers ankle surgery, lumbar microdiscectomy, knee meniscus treatment, physical rehabilitation, lost construction wages, and the permanent limitations that prevent our client from returning to construction work. It holds the property owner strictly liable under New York's scaffold law for providing a broken ladder as the sole means of reaching an elevated work area.
If you fell from a defective ladder or scaffold at a construction site, our construction accident attorneys have decades of experience with Labor Law §240 claims and are ready to review your case.
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