In Carlton v. City of New York (2d Dept. May 2018), the Appellate Division held that falling object liability under Labor Law 240(1) is not limited to cases in which the falling object is in the process of being hoisted or secured but also where the plaintiff must demonstrate that, at the time the object fell, it required securing for the purposes of the undertaking. Importantly, Labor Law 240(1) does not automatically apply simply because an object fell and injured a worker. A plaintiff must show that the object fell … because of the absence or inadequacy of a safety device of the kind enumerated in the statute.
