Practice point: The statute imposes a nondelegable duty of reasonable care upon
owners and contractors to provide reasonable and adequate protection
and safety to persons employed in, or lawfully frequenting, all areas
in which construction, excavation or demolition work is being performed. To state a cause of action, a plaintiff must allege that the property owners violated a
regulation that sets forth a specific standard of conduct, and not simply
a recitation of common-law safety principles.
Student note: Since this section imposes a nondelegable duty on
owners, a plaintiff need not show that a defendant exercised supervision
or control over the worksite in order to establish a right of recovery.
Case: Gonzalez v. Perkan Concrete Corp., NY Slip Op 06835 (2d Dept. 2013).
Here is the decision.
Monday's issue: Discovery sanctions.
