Personal Injury - Out-of-Possession Landlords May Still Be Responsible For Construction Accidents On Their Property

A hat-tip to Matt Lerner's Civil Law Blog, the Court of Appeals clarified a mildly unsettled Labor Law 240(1) issue recently, finding in Sanatass v Consolidated Inv. Co., Inc., 10 N.Y.3d 333 (2008) that when the statute -- which requires that owners and contractors give workers "proper protection" against elevation related risks (both falling from scaffolds and ladders, or being struck by falling objects) -- says "owners," that includes out-of-possession landlords. The landlord can of course contract with the tenant for complete indemnification, i.e. that the tenant has to pay any judgment against the landlord, but the owner themselves is at least nominally on the hook.

You can learn more about Labor Law 240(1) here.  If you are looking for representation, feel free to contact me at Scott.Kreppein@gmail.com.