Practice point: Defendant is not subject to statutory liability if plaintiff simply lost his footing while climbing a properly secured, non-defective extension ladder that did not malfunction.
Student note: Deposition testimony concerning defendant’s policy of using stair towers instead of ladders does not constitute an admission that the ladder was an inappropriate safety device for the work.
Case: Ellerbe v. Port Auth. of N.Y. & N.J., NY Slip Op 00032 (1st Dept. 2012
Tomorrow’s issue: Employment Law.
