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.