August 7, 2017

Pardalis & Nohavicka Homeowner's Premises Liability Law Update

Pardalis & Nohavicka Homeowner's Premises Liability Law Update: Homeowners Sued by Contractor for On-the-Job Personal Injury Are Immune
A family hired All Care Contracting Corp., to remove siding and apply stucco on the rear of their two-family home owned by his wife. One of the workers was hurt when another worker, who had been holding the ladder, let go of the ladder and it slipped. The injured worker sued the family. The Court dismissed the case and the family is off the hook. 
Protection for Homeowners Against Contractors: 
NY Labor Law §§ 240(1) and 241 ("The Homeowners Exemption"), specifically exempt from liability  "owners of one and two-family dwellings who contract for but do not direct or control the work."
Here, the family hired All Care to perform stucco work on the home, but did not instruct anyone on how or when to do the work and did not provide them with any tools, materials, or safety equipment. The worker received instructions on when, where, and how to perform the work from All Care. The family supervised the progress of the work only to the extent of making sure it was getting done. Case Dismissed.
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