Friday, March 4, 2016

Liability under Labor Law § 200 for injuries arising from the manner in which work is performed,

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 the authority to exercise supervision and control over the work.  For statutory purposes, a defendant has the authority to supervise or control the work when the defendant bears the responsibility for the manner in which the work is performed.  Mere general supervisory authority at a work site for the purpose of overseeing the progress of the work and inspecting the work product is insufficient to impose liability under the statute.

Student note:  If the challenged means and methods of the work are those of a subcontractor, and the owner or contractor exercises no supervisory control over the work, no liability attaches under Labor Law § 200 or the common law.

Case:  Hernandez v. Pappco Holding Co., Ltd., NY Slip Op 01295 (2d Dep't 2016)

Here is the decision.

Monday's issue:  The sufficiency of a notice of claim.