In Nicometi v. Vineyards of Fredonia, LLC (25 NY3d 90 [2015]), the court illustrates and articulates precisely the questions that must be addressed in determining liability under the statute. There, the plaintiff was working on stilts installing insulation in a 9-to-10-foot-high ceiling when his stilts slipped on ice on the concrete floor and he fell. On the surface, perhaps, a clear "falling worker" case. However, that conclusion could not withstand analysis under the principles collated in the decision, which distill into two questions: (1) whether the injuries were a direct result of a failure to provide adequate protection against a risk arising from a significant elevation differential; (2) whether the injuries were the result of the failure to use or the inadequacy of a safety device of the type enumerated in the statute.