Call or email us anytime
(805) 484-0333
Search Guide
Today is Thursday, March 28, 2024 -

News Articles

Injured Construction Worker Can Proceed With Labor Law Claims Against Homeowner

  • State: New York
  • Topic: NORTH
  • - Popular with: Legal
  • -  0 shares

A New York appellate court ruled that an injured worker could proceed with his claims for violation of the Labor Law and negligence against a residential homeowner who allegedly failed to protect the worker from falling from a balcony.

Case: Wadlowski v. Cohen, No. 2015-03260, 05/10/2017, published.

Facts: Philip Cohen hired Jan Wadlowski to do demolition work at his residence. Wadlowski fell 14 feet from a balcony to the ground.

According to Wadlowski, he had been throwing a door from the balcony, which had no railing, when his clothing got caught on a protruding doorstep. He claimed the weight of the door pulled him over the ledge.

Procedural history: Wadlowski filed suit against Cohen for alleged violations of the Labor Law, and common law negligence.

Cohen moved for summary judgment dismissing Wadlowski’s claim, but Kings County Supreme Court Justice David Vaughan denied the motion.

Analysis: The Appellate Division’s 2nd Department noted that the owners of one- and two-family dwellings generally are not subject to Labor Law Sections 240(1) and 241(6) unless they direct or control the construction work being performed. The court said this case presented a triable issue as to whether Cohen exercised the requisite degree of control over Wadlowski, since Wadlowski testified that Cohen personally directed the workers to throw the debris from the balcony that lacked a railing.

The court said there was also a triable issue as to whether Cohen could be liable under Section 200 or for common law negligence.

When a worker is injured as a result of a dangerous or defective premises condition, a property owner's liability under Section 200, and for common-law negligence, depends upon whether there is evidence that the property owner created the condition or had actual or constructive notice of it and a reasonable amount of time to correct the condition, the court explained.

Since Cohen did not establish that he did not have actual or constructive notice of the alleged dangerous condition that caused Wadlowski’s injury, and that he did not have the authority to supervise or control the means and methods of the Wadlowski’s work, the court said he was not entitled to summary judgment on the Section 200 and negligence claims.

Disposition: Affirmed.

To read the decision, click here.

No Comments

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.

Advertisements

Upcoming Events

  • May 13-15, 2024

    NCCI's Annual Insights Symposi

    Join us May 13–15, 2024, for NCCI's Annual Insights Symposium (AIS) 2024, the industry’s premier e …

  • Jul 29 – Aug 2, 2024

    76th Annual SAWCA Convention

    SAVE THE DATE! 76th Annual SAWCA Convention July 29 – August 2, 2024 Hotel Effie Sandestin 1 Grand …

  • Aug 14-17, 2024

    CSIMS 2024 Annual Dual Track C

    California Society of Industrial Medicine and Surgery (CSIMS) is combining its two conferences, PI …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333