Work Related Injury Claim As the Result of Using the Wrong Ladder
In Miro v. Plaza Constr. Corp., 38 AD3d 454, 834 N.Y.S.2d 36 ), the Appellate Division First Department granted defendant's motion for summary judgment in a case involving a worker injured as the result of using the wrong ladder, based on uncontroverted evidence that the worker knew he could have requested an adequate ladder but did not make such a request.
Although it was apparently unclear whether an adequate ladder was available on the job site, it was undisputed that the worker's employer would have provided an adequate ladder had the worker requested one. Two judges dissented, arguing that in order for equipment to be readily available, it must be on the job site. the Court of Appeals reversed, finding that it was "not clear from the record how easily a replacement ladder could have been procured" (9 N.Y.3d 948, 877 N.E.2d 294, 846 N.Y.S.2d 76 ).