'Falling object' liability.

Practice point: Liability under Labor Law § 240(1) is not limited to cases in which the falling object is in the process of being hoisted or secured. Liability may be imposed where an object or material that fell, causing injury, was a load that required securing for the purposes of the undertaking at the time it fell.

Student note: The applicability of the statute in a falling object case does not depend upon whether the object has hit the worker. The relevant inquiry is whether the harm flows directly from the application of the force of gravity to the object.

Case: Andresky v. Wenger Constr. Co., Inc., NY Slip Op 04116 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Appealing a determination of fact.