In Greaves v. Obayashi Corp. , Henderson Greaves sued Total Safety for failing to provide sufficient supervision and control over his use of scaffolding, a violation of New York State law (Labor Law ยง240(1)).
Greaves was working on a concrete wall, which suddenly collapsed, causing blocks to slam into his scaffolding. Because it wasn't properly secured and Greaves wasn't wearing a safety harness, the scaffolding tipped over and Greaves fell to the ground.
When the New York County Supreme Court granted Total Safety's request to dismiss the case, Greaves appealed to the Appellate Division, First Department, which was of the view there were questions as to whether it was Total Safety's responsibility to "supervise and control Greaves' use of the scaffold." (The evidence suggested the company's site manager conducted daily safety inspections and was required to "make certain" that the scaffold was "properly equipped.")
So much for Total Safety.
To view a copy of the Appellate Division's decision, please use this link: Greaves v. Obayashi Corp.