Garcia v. Fed LI, LLC (2025): A Dual Precedent on Ladder Safety and Post-Accident Indemnity Clauses

Introduction

In Garcia v. Fed LI, LLC, 2025 NY Slip Op 03795, the New York Appellate Division, Second Department, delivered a significant opinion on two distinct but frequently litigated construction-law questions:

• When does a worker’s alleged misuse of an unsecured ladder constitute the “sole proximate cause” of an accident, thereby defeating strict liability under Labor Law §240(1)?
• Can a property lessee avoid that liability by shifting it to the injured worker’s employer through an indemnification clause purportedly “incorporated by reference” in a post-accident purchase order?

The injured plaintiff, Jose Garcia, fell from an extension ladder while performing electrical work at a commercial property owned by four related entities (collectively, the Owner Defendants) and leased to Multi Packaging Solutions, Inc. and MPS HRL, LLC (collectively, the MPS Entities). Garcia and his spouse sued for violations of Labor Law §240(1) (the “Scaffold Law”) and common-law negligence. The MPS Entities, in turn, commenced a third-party action for contractual indemnification against Garcia’s employer, J.P.S. Electric Co., Inc. (JPS).

Summary of the Judgment

The Second Department:

• Reversed the lower court and granted plaintiffs summary judgment on liability under Labor Law §240(1), holding that providing an unsecured ladder with no additional safety devices constitutes a statutory violation as a matter of law.
• Affirmed the dismissal of the MPS Entities’ contractual indemnification claim against JPS, finding (a) no written indemnity agreement in effect at the time of the accident, and (b) no valid incorporation-by-reference of a later-issued set of “Terms and Conditions.”
• Denied the MPS Entities’ motion to dismiss the complaint against them, rejecting the “sole proximate cause” defense.
• Awarded costs to the plaintiffs and to JPS.

Analysis

1. Precedents Cited and Their Influence

• Saint v. Syracuse Supply Co., 25 NY3d 117 (2015) – reiterated the non-delegable, absolute character of §240(1) liability. The court used Saint to frame defendants’ high burden.
• Baugh v. NYC School Construction Auth., 140 AD3d 1104 (2d Dep’t 2016) and Melchor v. Singh, 90 AD3d 866 (2d Dep’t 2011) – both establish that an unsecured, shifting ladder that causes a fall evidences a statutory violation.
• Blake v. Neighborhood Housing Servs., 1 NY3d 280 (2003) – the seminal decision defining “sole proximate cause” and holding that comparative negligence is irrelevant under §240(1). The court relied on Blake to allocate burdens on summary judgment.
• Cahill v. Triborough Bridge & Tunnel Auth., 4 NY3d 35 (2004) – source of the “recalcitrant worker” doctrine.
• Tonking v. Port Auth., 3 NY3d 486 (2004) – governs Workers’ Compensation §11 limitations on third-party actions against employers; relied upon to confine indemnification to written, express agreements.
• Zalewski v. MH Residential 1, LLC, 163 AD3d 900 (2d Dep’t 2018) and Mikulski v. Adam R. West, Inc., 78 AD3d 910 (2d Dep’t 2010) – deny retroactive application of indemnity clauses absent explicit intent; dispositive on the post-accident purchase order.

2. The Court’s Legal Reasoning

a. Labor Law §240(1) Liability

The plaintiffs made a prima facie showing by evidence that:

1. Garcia was engaged in a covered activity (electrical work at an elevated height).
2. The ladder was unsecured and shifted.
3. No other safety devices (tie-offs, scaffolds, harnesses) were provided.

Under Blake, the burden shifted; defendants had to show both (i) no statutory violation and (ii) that Garcia’s actions were the sole proximate cause. They failed on both counts because:

• The ladder’s unsecured condition was a violation.
• Where no adequate safety device is supplied, a worker’s conduct cannot be deemed the sole cause (Von Hegel, Baugh).

b. Contractual Indemnification

Section 11 of the Workers’ Compensation Law bars common-law indemnification unless the employee suffered a “grave injury” (not alleged here). Therefore, the MPS Entities relied exclusively on contractual indemnity. The court’s steps:

1. Verified JPS’s status as employer.
2. Found no written indemnity clause effective on or before the accident date.
3. Examined the post-accident purchase order. Two fatal flaws:
   • The purchase order merely mentioned unidentified “Terms and Conditions” without attaching or describing them “beyond all reasonable doubt” (Chiacchia test for incorporation).
   • No express language making the indemnity retroactive; New York courts will not infer retroactivity (Mikulski).

Consequently, JPS had no duty to indemnify, and its motion for summary judgment prevailed.

3. Impact of the Judgment

Construction-Site Safety:
The decision strengthens workers’ ability to obtain summary judgment where an unsecured ladder is the only elevation device provided. Defendants can no longer credibly rely on allegations of “misuse” when they have failed to furnish any proper safety equipment.

Contract Drafting & Risk Transfer:
The ruling puts contractors, tenants, and owners on clear notice: indemnity provisions must be:

• In writing,
• Expressly agreed to before the accident, and
• Specifically referenced if incorporated from another document.

Boiler-plate “Terms and Conditions” slipped into after-the-fact purchase orders will not shift liability.

Litigation Strategy:
Expect an uptick in early summary-judgment motions by plaintiffs in ladder-fall cases, and more motions by employers to dismiss indemnification claims where the contract trail is murky.

Complex Concepts Simplified

• Labor Law §240(1) (Scaffold Law): A New York statute that makes owners, general contractors, and their agents strictly liable for height-related injuries if they fail to provide adequate safety devices.
• Sole Proximate Cause Defense: Defendants escape liability only if the worker had proper safety equipment available but unreasonably failed to use it, and that failure alone caused the accident.
• Indemnification: An agreement where one party promises to compensate another for losses. Under Workers’ Comp §11, a worker’s employer can be sued for indemnification only if it expressly agreed in writing.
• Incorporation by Reference: A contract technique that adds another document’s terms into the main contract. In New York, the reference must identify the other document with near-exact certainty.
• Retroactivity of Contracts: Courts will not apply an indemnity clause to accidents that occurred before the contract unless the clause unmistakably says so.

Conclusion

Garcia v. Fed LI, LLC cements two important doctrines. First, providing only an unsecured ladder is virtually dispositive of liability under Labor Law §240(1); “sole proximate cause” will not succeed without evidence of available, adequate safety devices. Second, parties cannot retrofit an indemnity obligation through vague references in post-accident paperwork. Going forward, owners and contractors must be proactive: supply OSHA-compliant devices and secure clear, timely indemnity agreements if they wish to shift risk. Workers and their counsel, meanwhile, gain a powerful precedent for expedited relief in ladder-fall cases.