In Fenty v. City of New York (71 AD3d 459 [1st Dept 2010]) a construction worker was working inside a bucket lift when a steam pipe next to the lift ruptured, causing hot steam to emanate from the pipe and onto the plaintiff. The plaintiff intentionally jumped from the bucket lift to the ground to escape the hot steam, sustaining injuries. The First Department held that the "plaintiff's injury-producing accident was not attributable to the risk arising from the elevation differentials at his work site that brought about the need for the safety device in the first place, but rather was caused by the separate, unforeseeable hazard of hot steam emanating from a ruptured pipe, leading to plaintiff's decision to jump from the bucket lift" (id. at 460).