Practice point: Plaintiff was injured when he fell after the six-foot baker's
scaffold upon which he was working shifted, despite the fact that he had
locked the wheels; it is undisputed that the scaffold lacked
guardrails. Such evidence establishes that plaintiff's injuries were
proximately caused by defendants' failure to provide proper protection
against the elevation-related risk.
Student note: Given that the scaffold was inadequate in the first instance, any
failure by plaintiff to hydrate himself could not be the sole proximate
cause of his injuries.
Case: Vail v. 1333 Broadway Assoc., L.L.C., NY Slip Op 02821 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: Motions to dismiss, and statutes of limitations.
