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241 (6) Cause of Action Improperly Dismissed—Plaintiff Tripped on Piece of Metal Protruding from Stair

The Third Department determined Supreme Court should not have dismissed plaintiff’s Labor Law 241 (6) claim against the general contractor (Glenman).  Plaintiff tripped and fell down a stairwell when his shoe was punctured by a piece of metal protruding from a stair:

Supreme Court improvidently dismissed plaintiff’s Labor Law § 241 (6) claim against Glenman. Notably, “Labor Law § 241 (6), by its very terms, imposes a nondelegable duty of reasonable care upon owners and contractors to provide reasonable and adequate protection and safety to persons employed in, or lawfully frequenting, all areas in which construction, excavation or demolition work is being performed” … . “To establish a claim under Labor Law § 241 (6), [a] plaintiff must allege that [the] defendant[] violated a rule or regulation promulgated by the Commissioner of Labor that sets forth a specific standard of conduct” … . “[O]nce it has been alleged that a concrete specification of [such a rule or regulation] has been violated, it is for the jury to determine whether the negligence of some party to, or participant in, the construction project caused plaintiff’s injury” … .

Here, plaintiff relies upon 12 NYCRR 23-1.7 (e) (1), which provides:”(e) Tripping and other hazards.(1) Passageways. All passageways shall be kept free from accumulations of dirt and debris and from any other obstructions or conditions which could cause tripping. Sharp projections which could cut or puncture any person shall be removed or covered.” This regulation appropriately “mandat[es] compliance with concrete specifications” as required to state a claim under Labor Law § 241 (6) … .  Marshall v Glenman Indus & Commercial Contr Corp, 20-14 NY Slip Op 02987, 3rd Dept 5-1-14

 

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