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The patterns: ladder kicks out at the base, ladder slips at the top, defective ladder, ladder too short, ladder collapse, wrong ladder for the job. In nearly every case, what looks like worker error turns out to be inadequate equipment, setup, or fall protection — all §240 violations.
Ladders are explicitly listed in Labor Law §240 as a covered safety device. If the ladder failed and a worker fell, the contractor and owner are typically liable.
“The worker should have asked for a different ladder” — §240 places the duty on the contractor, not the worker. “The worker overreached” — overreaching is a function of inadequate equipment, not worker carelessness. “The worker didn’t tie the ladder off” — if the contractor didn’t provide a means to tie off, that’s the contractor’s failure.
Liability: property owner, general contractor, subcontractor employing the worker, ladder supplier or rental company, ladder manufacturer in product liability claims.
Common injuries: spinal fractures and herniated discs, pelvic and hip fractures, wrist and elbow fractures, calcaneus fractures, knee injuries, traumatic brain injury, shoulder dislocations and rotator cuff tears, internal injuries.
Damages: medical past and future, lost earnings past and future, pain and suffering, loss of consortium, wrongful death where applicable.
Prior results do not guarantee a similar outcome.
Jordan reads project documents the way a developer reads them. He knows which subs cycle defective ladders through multiple projects, recognizes when inspection logs are paper-only, and knows a GC running behind schedule will pull alternative equipment instead of waiting for the right ladder.
In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.