Providing one scaffold to be used by two workers is not the best way to provide a safe work environment. At least, this is what the First Department held in Golubowski v. City of New York.

The plaintiff and co-workers were performing plumbing work on a sprinkler system when the plaintiff slipped from the third rung of the ladder he was using. The plaintiff sued the building owner and general contractor for his personal injuries under § 240 (1) of the New York Labor Law. In their opposition to the plaintiff’s partial motion for summary judgment, the defendants argued that the plaintiff’s own actions were the sole proximate cause of his injuries because there was a scaffold readily available that he chose not to use. However, in granting the plaintiff’s motion for summary judgment, the court noted that the there was only one scaffold provided that the plaintiff’s co-worker used while the plaintiff used the ladder.

Thus, this case teaches that when asserting a sole proximate cause defense it is important to not only note that a safety device was available but also that there was a sufficient number of safety devises for all workers to use.

Thanks to Moya O’Connor for her contribution to this post.