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Criteria for Causes of Action Under Labor Law 200 and Common Law Negligence (Where the Methods or Materials of the Work Are Alleged to Be the Cause of the Injury) Explained

In finding that the Labor Law 200 and common law negligence causes of action should have been dismissed, the Second Department explained the criteria for those causes of action when they are based on the manner in which work is performed, as opposed to dangerous or defective conditions on the premises:

A cause of action alleging a violation of Labor Law § 200 or common-law negligence may arise from either dangerous or defective premises conditions at a work site or the manner in which the work is performed … . Where, as here, a claim arises out of alleged defects or dangers in the methods or materials of the work, recovery cannot be had under Labor Law § 200 unless it is shown that the party to be charged had the authority to supervise or control the performance of the work … . A defendant has the authority to supervise or control the work for purposes of Labor Law § 200 when that defendant bears the responsibility for the manner in which the work is performed … . Rodriguez v Trades Constr Servs Corp, 2014 NY Slip Op 07141, 2nd Dept 10-22-14

 

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