Labor Law § 200 codifies the common-law duty imposed on an owner or a general contractor to provide construction site workers with a safe place to work. Where a plaintiff's claims implicate the means and methods of the work, an owner or a contractor will not be held liable under the statute unless it had the authority to supervise or control the performance of the work. General supervisory authority to oversee the progress of the work is insufficient to impose liability.
Labor Law § 241(6) imposes a nondelegable duty upon owners and contractors to provide construction workers with reasonable and adequate protection. In order to establish statutory liability, a plaintiff must demonstrate that his injuries were proximately caused by a violation of an applicable Industrial Code provision.
Kefaloukis v. Mayer, NY Slip Op 04601 (2d Dep't August 4, 2021)
Tomorrow's issue: Summary judgment on a legal malpractice claim.
