$1.3 Million Settlement: Construction Worker Fell 20 Feet From Unsecured Ladder on Black Ice

In February 2009, a construction worker was part of a crew dismantling hoist elevators on the exterior of a 33-story Manhattan building. The job required moving between two platforms: a sidewalk shed 20 feet above the ground and a second platform another 20 feet above that. He asked his coworker to set up a ladder between the platforms so he could descend when the work called for it.

When he stepped onto the ladder to climb down, two hazards were already in place, neither of which he knew about. The crew followed a clear standard: whoever last handled the ladder was responsible for tying off its safety rope. The coworker who had placed the ladder was the last to touch it, and the rope had been draped over a rung but never secured. The ladder had also been positioned on cement covered in black ice from frozen condensation. After two or three steps, the ladder slipped. He fell 20 feet to the platform below and lost consciousness.

The defense sought summary judgment on the theory that the worker was the sole proximate cause of his own fall. Their argument centered on three words from his deposition: 'that was my mistake.' Adam Orlow walked the court through the full context of that testimony. The 'mistake' the worker described was not stepping onto the ladder; it was trusting that his coworker had tied the rope, consistent with the crew's own practice. Both the worker and his supervisor testified that the crew's protocol put that duty on whoever placed the ladder last, which was the coworker. The supervisor also confirmed the ice on the cement below the ladder. Because the ice operated as an independent cause of the fall, the worker could not be deemed the sole proximate cause regardless of any argument about the rope. The defense's motion was defeated and the case went to mediation.

The worker lost consciousness for several minutes at the point of impact. Once he came to, he reported severe pain in his neck and back. Imaging confirmed herniated discs at both levels. In the summer of 2010, he underwent surgery on his neck and back. The firm secured a $1.3 million settlement at mediation.