February 17, 2010

Torts.

Practice point: Where plaintiff is a worker whose claim sounds in premises liability, the landowner's duty is to provide a safe place to work.

Practitioners should note that there is no duty to guard against hazards inherent in the work or caused by a condition the worker is repairing, or hazards that the worker can readily see.

Case: Schindler v. Ahearn, NY Slip Op 00501 (2d Dept. 2010)

The opinion is here.

Tomorrow’s issue: Evidence.