NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD HAVE BEEN DISMISSED, NO CODE VIOLATIONS, DEFENDANTS NEVER NOTIFIED THE TRANSFORMERS IN THE ELEVATOR CONTROL ROOM CONSTITUTED A DANGEROUS CONDITION (FIRST DEPT).
The First Department, reversing Supreme Court, over a two-justice dissent, determined the negligence and Labor Law 200 causes of action based upon allegations of “poor lighting” and the failure to provide a cover to protect against electrocution should have been dismissed. Plaintiff’s decedent was an elevator mechanic who was electrocuted when he came into contact with a transformer in the elevator control room. There were no witnesses to the accident. Plaintiffs did not allege the level of lighting constituted a code violation. The absence of a cover over the transformer did not violate any applicable code and defendants were never notified of a problem with the transformers, which had been routinely inspected:
With regard to the issue of whether defendants caused or created a hazardous condition, there is no dispute that [defendants] not design or manufacture the elevator control cabinet, or any of its electrical components, including the transformers … .
As to whether defendants had notice of the alleged dangerous condition … the building’s property manager… testified that he was never informed that there was any problem with the elevator control cabinet or that the transformers lacked a proper cover either by the DOB or by United despite the fact that both DOB (NYC Department of Buildings) and [the defendant elevator consultant service] conducted inspections of the ninth floor motor room. [The consultant-service president] testified that a cover was not required on the transformers because the transformers were in an enclosed cabinet. …
Even if the elevator control cabinet did not comply with the [American National Standards Institute (ANSI)] standard because the transformers did not have a cover, plaintiffs have failed to establish that defendants were required by law to comply with the … ANSI standard. Indeed, the … ANSI standard has not been adopted by or incorporated into New York City’s elevator code and ANSI itself is not a statute, ordinance or regulation. Thus, a violation thereof is not evidence of negligence … . Bradley v HWA 1290 III LLC, 2018 NY Slip Op 00516, First Dept 1-30-18
NEGLIGENCE (LABOR LAW 200, ELECTROCUTION, NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD HAVE BEEN DISMISSED, NO CODE VIOLATIONS, DEFENDANTS NEVER NOTIFIED THE TRANSFORMERS IN THE ELEVATOR CONTROL ROOM CONSTITUTED A DANGEROUS CONDITION (FIRST DEPT))/LABOR LAW-CONSTRUCTION LAW (LABOR LAW 200, ELECTROCUTION, NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD HAVE BEEN DISMISSED, NO CODE VIOLATIONS, DEFENDANTS NEVER NOTIFIED THE TRANSFORMERS IN THE ELEVATOR CONTROL ROOM CONSTITUTED A DANGEROUS CONDITION (FIRST DEPT))/AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) (LABOR LAW 200, ELECTROCUTION, NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD HAVE BEEN DISMISSED, NO CODE VIOLATIONS, DEFENDANTS NEVER NOTIFIED THE TRANSFORMERS IN THE ELEVATOR CONTROL ROOM CONSTITUTED A DANGEROUS CONDITION, VIOLATION OF AN ANSI STANDARD IS NOT EVIDENCE OF NEGLIGENCE (FIRST DEPT))/LIGHTING (LABOR LAW 200, ELECTROCUTION, NEGLIGENCE AND LABOR LAW 200 CAUSES OF ACTION IN THIS ELECTROCUTION CASE SHOULD HAVE BEEN DISMISSED, NO CODE VIOLATIONS CONCERNING THE ALLEGEDLY INADEQUATE LIGHTING ALLEGED, DEFENDANTS NEVER NOTIFIED THE TRANSFORMERS IN THE ELEVATOR CONTROL ROOM CONSTITUTED A DANGEROUS CONDITION (FIRST DEPT))