August 28, 2012

Duty to provide a safe workplace.


Practice point: Owners and general contractors, and their agents, have a common-law duty to provide employees with a safe place to work. Labor Law § 200 merely codified that duty.

Student note: The common-law duty to provide employees with a safe place to work does not extend  to hazards that are part of, or inherent in, the very work the employee is to perform.

Case: Annicaro v. Corporate Suites, Inc., NY Slip Op 05899 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Setting aside a jury verdict.