As some wood was being lowered from an upper floor, a plank broke free and fractured construction worker Jose Arnaud's wrist and fingers.
After Arnaud sued the building's owner, and the site's general contractor, the Bronx County Supreme Court refused to find a Labor Law violation.
Since state law ensures laborers are given "proper protection," and no safeguards were in place to avoid the "unchecked or insufficiently checked descent of [an] object," the Appellate Division, First Department, reversed and found in the worker's favor. (Arnaud wasn't required to show a defect in the pulley system, or what caused the accident. He was only obligated to show the absence of "proper protection.")
Would you have fallen for that?
To view a copy of the Appellate Division's decision, please use this link: Arnaud v. 140 Edgecomb LLC