First Department Clarifies ‘Readily Available’ Safety Devices Under Labor Law § 240(1)

In January 2025, the Appellate Division, First Department, provided further clarity on Labor Law § 240(1) cases, particularly regarding the availability of safety devices on construction sites. The First Department emphasized that while workers may have been aware of the availability of guardrails, the defendant’s failure to specify their exact location rendered the evidence insufficient. 

The plaintiff allegedly fell from a mobile scaffold while taping drywall. After his request for summary judgment pursuant to §240(1) was denied by the lower court, he appealed. 

The First Department held that, while the defendant’s workers were “generally aware” that safety guardrails were available on the scaffolds, the defendant’s affidavits did not specifically indicate the location of the guardrails. Prior case law (Gallager v. New York Post, 14 N.Y.S.3d 83) already states that a qualified safety device does not have to be in the immediate vicinity but that the worker should know where to find them. 

In this case, the First Department reversed the lower court’s decision and found the plaintiff established a prima facie case as to liability under § 240(1) and the general availability of the safety equipment at the site does not relieve the defendant of liability. 

This case is important as it shows that if defendants are going to submit evidence regarding use of safety equipment, the exact locations should be provided in detail and any supporting evidence, such as site photographs with the safety devices shown, should also be submitted for consideration with the motion. 

_{Case Law Alerts, 2nd Quarter, April 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}