Bridge Over Troubled Waters

Claimant was sandblasting on a bridge when he slipped and, in breaking his fall, was injured when he was sprayed with sand from his sandblasting hose. Claimant said that he had been given a safety harness but that there were no safety cables to which he could anchor it. In Bonilla v. State of New York, which was decided on May 8, 2007, the First Department found that claimant could seek damages under Labor Law 240(1), which imposes absolute liability on owners and contractors who fail to provide or erect safety devices necessary to properly protect workers from elevation-related hazards. Notwithstanding the nature of claimant's injury, recovery under the statute was not foreclosed since he was working on a bridge more than 100 feet above the ground.