Workplace Risk Case Study Example | Topics and Well Written Essays - 500 words

Workplace Risk - Case Study Example The Court of Appeal agreed with the trial court, that the movement of the reel was caused by a gravity risk and the failure to provide adequate device for safety was the main cause of the injury. In addition, the reel had to be moved from a high to a low elevator and the danger that was supposed to be guarded against came about from the force of the reel. The plaintiffs’ injury was as a result of a direct consequence of the reel going downstairs as if he was positioned in the reel’s path (Victor Vs New York Exchange, Case no 197). As a result, he suffered from an injury that was elevation related while acting as a counterweight pulley to descend an 800 pound reel down stairs. He is said to have been dragged into the make shift pulley when the reel rapidly descended downstairs. The question was whether the plaintiff injury was as a result of a direct consequence of failure to have adequate protection against such a risk that arose from physically differential elevation. 240(1), of labor law claims that a liability strict statute was designed to prevent accidents where protection devices of the above enumerated injury of the statute proved to be insufficient to shield the plaintiff from any injury that occurred from the force of gravity to the reel. Nevertheless, since the plaintiff was injured while trying to descend following the reels path, he is entitled to recover under section 240(1), and should not be denied any legal course. The differential elevation was not seen as de minimis, because the weight of th e reel and the amount of force it had was enough to generate the course of a short descent, as well as cause harm to the worker (Victor Vs New York Exchange, Case no 197). The trial courts showed that the worker was indeed injured, in addition to suffering from permanent and serious injuries on both his hands while trying to descend the reel downstairs, as well as installing defendant power