January 10, 2014

A general contractor's liability.

Practice point:  Where a plaintiff's injuries stem not from the manner in which the work was being performed, but, rather, from a dangerous condition on the premises, a general contractor may be liable in common-law negligence and under Labor Law § 200 if it has control over the work site and actual or constructive notice of the dangerous condition.

Student note:  Labor Law § 200 is a codification of an owner's or general contractor's common-law duty to provide workers with a safe place to work.

Case:  Hartshorne v. Pengat Tech. Inspections, Inc., NY Slip Op 08596 (2d Dept. 2013).

Here is the decision.

Monday's issue:  Ambiguous contracts.