Plaintiff, while acting in the scope of his employment, sustained serious and permanent personal injuries when he fell from a ladder and the fall was violently broken by the activation of the safety line and belt assembly to which he was tethered.

The Brian O’Connell, Jr. Law Firm argued that fall and, therefore, the injuries were caused by the existence of dangerous and unsafe working conditions. Furthermore, the defendants possessed knowledge of the dangerous and unsafe working conditions, but did nothing to remedy the situation even though New York State Labor Law imposes a duty to provide employees with a safe place to work.