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Power To Stop Unsafe Work Practices Not Enough To Impose Liability
November 9, 2011
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<td valign="top">In [i]Martinez v. 342 Prop. LLC[/i], general contractor Flintlok retained Site Safety to provide site safety management services on the project where Martinez ultimately was hurt. Site Safety claimed entitlement to summary judgment arguing that it did not control, supervise or direct Martinez’ work. In opposition, Flintlok offered an affidavit stating that Site Safety had authority to stop unsafe work practices and had done so on prior occasions. The First Department held that even though Site Safety advised Flintlock on safety matters and had the authority to stop unsafe work practices, there was no evidence that Site Safety controlled, supervised, or directed Martinez’ work so as to impose liability under Labor Law 200. Indeed, the court emphasized that a subcontractor must control, supervise or direct the work in order to be held liable under Labor Law 200.
Thanks to Lora Gleicher for her contribution to this post.
<a href="http://www.courts.state.ny.us/reporter/3dseries/2011/2011_07738.htm1">http://www.courts.state.ny.us/reporter/3dseries/2011/2011_07738.htm1</a></td>
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