General contractors' and owners' liability for accidents.

Practice point: A general contractor may be liable in common-law negligence and under Labor Law § 200 if it had control over the work site and either created the dangerous condition or had actual or constructive notice of it. An owner's duty to provide a safe place to work encompasses the duty to make reasonable inspections, and the question of whether the danger should have been apparent upon visual inspection is generally a question of fact.

Student note: Constructive notice may be imputed to the general contractor if the dangerous condition is visible and apparent and existed for a sufficient length of time prior to the accident to permit the general contractor to discover it and remedy it. 

Case:  McLean v. 405 Webster Ave., Assoc., NY Slip Op 06286 (2d Dept. 2012). 

Here is the decision. 

Tomorrow's issue: Motion for leave to amend a pleading and motion to dismiss.