Toefer v. Long Island Railroad, 4 N.Y.3d 882 (2005)

Labor Law § 240(1) applies only to elevation-related risks where a worker is exposed to the risk of falling from a height or being struck by a falling object; the mere fact that an injury occurred during a fall does not automatically trigger the statute’s protections.

Summary

Plaintiff, a demolition worker, was injured when he slipped and fell while exiting a demolition vehicle. He stepped onto the vehicle’s track, which was greasy, causing him to fall three feet to the ground. The Court of Appeals held that the risk of alighting from the vehicle was not an elevation-related risk covered by Labor Law § 240(1), which requires protective devices for elevation-related hazards. The Court also rejected the plaintiff’s Labor Law § 200 claim, as there was no evidence that the defendant created or had notice of the greasy condition. The Court affirmed the Appellate Division’s order dismissing the claims.

Facts

Plaintiff was employed as a demolition worker. After completing his workday, he began to exit his demolition vehicle. The vehicle had tracks on each side but lacked a step for entry or exit. The plaintiff stepped from the cab onto the vehicle’s track, intending to use it as a step. He claimed his foot slipped due to grease on the track, causing him to fall approximately three feet to the ground, resulting in injuries.

Procedural History

The plaintiff brought claims under Labor Law §§ 240(1) and 200, and under certain provisions of the Industrial Code. The lower court’s decision is not specified in the Court of Appeals opinion. The Appellate Division reversed the lower court’s ruling (implicitly a ruling in favor of the plaintiff or denying summary judgment to the defendant). The Court of Appeals affirmed the Appellate Division’s order, dismissing the plaintiff’s claims.

Issue(s)

1. Whether the risk of alighting from the construction vehicle constituted an elevation-related risk within the meaning of Labor Law § 240(1)?

2. Whether the defendant created or had notice of the greasy condition of the track, thereby supporting a claim under Labor Law § 200?

Holding

1. No, because the risk of alighting from the construction vehicle was not an elevation-related risk requiring the protective devices listed in Labor Law § 240(1).

2. No, because plaintiff failed to present evidence that defendant created or had prior notice of the greasy condition of the track.

Court’s Reasoning

The Court of Appeals reasoned that Labor Law § 240(1) applies to specific elevation-related risks, referencing Rocovich v Consolidated Edison Co., 78 NY2d 509, 514-515. The Court emphasized that the accident must involve a risk stemming from a difference in elevation. Here, the risk of slipping while exiting a vehicle, even one three feet off the ground, did not necessitate the protective devices enumerated in the statute. The Court clarified that a fall alone is insufficient to invoke § 240(1); the fall must be connected to an elevation-related hazard. Regarding the Labor Law § 200 claim, the Court applied the standard established in Lombardi v Stout, 80 NY2d 290, 294-295, requiring evidence that the defendant either created the dangerous condition or had prior notice of it. Since the plaintiff presented no such evidence, the § 200 claim failed. The Court also dismissed the plaintiff’s arguments based on the Industrial Code regulations, deeming them either unpreserved or without merit. The decision underscores the importance of linking an injury to a specific elevation-related hazard to trigger the protections of Labor Law § 240(1). The case is a reminder that not every fall on a construction site is covered by the statute, even if it involves some difference in elevation.