Practice point: To be held liable under Labor Law § 200 for injuries arising from the manner in which work is performed, a defendant must have authority to supervise or control the methods or materials of a plaintiff's work. Where a plaintiff's injuries arise not from the manner in which the work was performed but from a dangerous condition on the premises, a defendant may be liable under the statute if it either created the dangerous condition that caused the accident or had actual or constructive notice of the dangerous condition. Where a plaintiff's injures are alleged to have been caused by defects in both the premises and the equipment used at the work site, a defendant moving for summary judgment dismissing causes of action alleging a statutory violation must address the proof applicable to both of the foregoing liability standards. The movant will prevail only when the evidence exonerates it as a matter of law for all potential concurrent causes of the plaintiff's accident and injury, and when no triable issue of fact is raised in opposition as to either relevant liability standard.
Student note: Labor Law § 200 is a codification of the common-law duty of an owner or
general contractor to maintain a safe construction site.
Case: Bennett v. Hucke, NY Slip Op 06771 (2d Dept. 2015)
Here is the decision.
Monday's issue: A negligent security claim.
