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Harrison applies the Court of Appeals recent Runner decision which clarified that when a falling object falls causing injury to a construction worker, the distance it falls is not the only factor to be considered when determining whether a gravity related risk was involved.

In 2011 Paul T. Hofmann obtained an important decision in Harrison v. State of New York, 88 A.D.3d 951 (2d Dept. 2011). Harrison applies the Court of Appeals recent Runner decision which clarified that when a falling object falls causing injury to a construction worker, the distance it falls is not the only factor to be considered when determining whether a gravity related risk was involved. Rather, the weight of the object, the steadiness of the footing provided, the bulkiness of the object and, or course, whether appropriate devices to do move the object were available, or should have been available, are all determinative factors. In Harrison, plaintiff was lowering a 150-200 lb. generator from a wall to the deck of a tugboat, six feet below, when he and his co-workers lost control of the generator and it fell upon plaintiff, causing injury.

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