Work On A Floating Platform Creates Elevation Risk for Labor Law 241(6) (NY)

In Harkin v. County of Nassauthe plaintiff was working on a floating work platform at a marina owned by the defendant.  The platform broke and the plaintiff fell partially into the water.  The lower court granted the defendant’s summary judgment motion and dismissed the plaintiff’s Labor Law 200, 241(6) and 240 claims.  The Appellate Division reversed the entire decision.

Of significance, the Second Department found that 12 NYCRR 23-5.1(e), which deals with scaffold planking, was specific enough about safety standards to support a Labor Law 241(6) cause of action.  Of even more interest, the Second Department found that the work the plaintiff was performing while standing on this floating platform involved an elevation-related risk that exposed him to gravity-related hazards, thereby making Labor Law 240 applicable.  Apparently, hovering on top of water, above the sea floor, constitutes a height-related activity.

Thanks to Georgia Stagias for her contribution.

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