The problem? He was never told how to get up there. The only route Doto could see was to climb up a scaffolding ladder near the platform, step
across a narrow board onto a gate and then climb over a railing to the platform. In doing so, Doto fell from the railing to the platform below, injuring himself. There were ladders somewhere, but Doto had never been told about them, and while Doto also had a safety lanyard, it was 6 feet long and Doto's fall from the rail was only 3 1/2 feet.
Without dismissing the court's fine discussion as to 241(6) liability and pleading, we note here its reminder that just because Doto fell only 3 1/2 feet did not diminish liability under the Labor Law. All that was necessary was that plaintiff establish a 240(1) violation, couple it with a failure to provide an adequate safety device and demonstrate that such failure was a proximate cause of his injuries. To have other safety devices somewhere on the site, without any evidence that plaintiff was instructed to use them, is meaningless for Labor Law purposes.
If you tuck one Labor Law case in your First Aid kit, this may very well be the one to take along with you.