Practice point: Under the Labor Law, a party is deemed to be an agent of an
owner or general contractor when it has supervisory control and authority over
the work being done where a plaintiff is injured. To impose liability, the
defendant must have the authority to control the activity bringing about the
injury so as to enable it to avoid or correct the unsafe condition. Thus, a defendant's
potential liability is based on whether it had the right to exercise control
over the work, not whether it actually exercised that right.
Student note: Once an entity becomes an agent under the Labor Law it cannot
escape liability to an injured plaintiff by delegating the work to another
entity.
Case:
Samaroo v Patmos Fifth Real Estate, Inc., NY Slip Op 00472 (2d Dept.
2013).
Here is the decision.
Tomorrow’s issue: Discovery, and Facebook.
