The Weak Flooring

Q: During some demolition work, I was assigned to spray the site with water from a water truck, in order to control the dust.  The truck was filled with 5,000 gallons of water.  I was driving the truck over the concrete flooring of the existing structure.  Under the weight of my truck, the flooring gave way, and we plummeted to the basement level.

A: Under both principles of common-law negligence and Labor Law § 200(1), both the owner and general contractor are obliged to provide you with a safe place to work.

Your attorney is likely to argue that the owner and the construction manager, among others, supervised, controlled and directed the work performed.  However, the defendants are likely to respond that – no – they only had general supervisory authority for the purpose of overseeing the progress of the work and inspecting the work product.

What seems to be even better: your attorney is likely also to argue that the owner and construction manager both created the dangerous condition of the flooring and had actual or constructive notice of it.  It appears that the concrete slab was not sufficiently demarcated from the surrounding areas and therefore constituted a trap.  Surely, these defendants were part of its creation, and they very well knew about it.

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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