Joseph Luna fell and injured himself while working on a construction project at the Buffalo Zoological Society. After he filed suit--alleging certain labor law violations--the zoo claimed that Luna got hurt because he failed to heed his employer’s safety instructions.
When the Erie County Supreme Court sided with Luna--and found the zoo liable for what had happened--an appeal to the Appellate Division, Fourth Department, followed.
Because the law places an unqualified obligation on an employer to provide appropriate safety equipment, and no such devices were supplied, the AD4 thought that Luna’s alleged recalcitrance--or failure to follow safety instructions--didn’t mitigate his employer’s liability in this particular case.
What a zoo!
To view a copy of the Appellate Division’s decision, please use this link:Luna v. Zoological Socy. of Buffalo, Inc.