The Falling Panels

Q: My employer does electrical work.  It had been hired by a company that was installing an art show at the convention center.  All of a sudden, two panels comprising the walls of an exhibition booth fell upon me.

A: Section 200 of the Labor Law codifies the common-law duty of an owner or contractor to provide employees with a safe place to work.

To the extent that your accident arose from a dangerous condition at the work site, liability under section 200 will be imposed upon an owner or general contractor – in this case the installation company – insofar as it had control over the work site and either created the dangerous condition or had actual or constructive notice of it.

To the extent that your accident arose from the manner in which your work was performed, then liability under section 200 will be imposed only upon the entity or entities that had the authority to supervise or control your work.  If the only such entity is your employer, and you received workers’ compensation benefits, then there would appear to be no liability under section 200.

From what you tell me, your accident did not arise from the manner in which your work was performed.  Rather, it arose from a dangerous condition at the work site.  There is a lot of evidence-gathering to be done.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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