The plaintiff is engaged in what anyone would call construction work when she falls into an uncovered opening while walking on the ground level of the construction site. Does the fact that the opening is at ground level, perhaps with a basement or sub-basement immediately below, mean that it is not an elevation-related risk within the meaning of Labor Law §240[1]?
Does the answer depend on the size of the opening or the length of the drop? Does it matter whether the opening was “permanent” or existed only at a particular phase of the project? Does it matter what kind of an opening it was, whether it was, for example, an uncovered manhole, or a gap in the flooring, or an open trench?
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