Wade Clark Mulcahy LLP

<p style="text-align: justify;">In<em> <a href="https://www.wcmlaw.com/wp-content/uploads/2021/01/Yong-Qiao-Zhao-v-ATC-Construction-Group-Corp.pdf">Yong Qiao Zhao v. ATC Construction Group Corp</a>., </em> the Second Department held that if a plaintiff construction worker travels to use a public dumpster unaffiliated with the property on which the construction work is happening, then strict liability pursuant to Labor Law 240(1) cannot attach to the unaffiliated property owner.</p>
<p style="text-align: justify;">In this action, plaintiff had been hired by defendant A.T.C. Construction Group Corp. to perform renovation work in connection with a construction project located at 225 Rector Place in Manhattan.  At some point, plaintiff traveled to the site of a separate and unrelated A.T.C. project taking place at 237 Henry Street, evidently to dump construction debris associated with the Rector Place project.  Plaintiff used a ladder to access the dumpster to dispose of the debris, but fell and sustained injuries.  He thereafter initiated the lawsuit against his employer A.T.C. as well as the owner of 237 Henry Street, alleging various causes of action including a violation of Labor Law 240(1).  Defendant 237 Henry Street moved for summary judgment dismissing the 240(1) cause of action asserted against it, which was granted by the trial court.  Plaintiff appealed, and the Second Department affirmed on the basis that Labor Law 240(1) strict liability requires some nexus between the owner and worker by which to establish liability.  Plaintiff failed to establish this nexus between himself and the owner of 237 Henry Street, because he had been hired to work at the 225 Rector Place project, never worked at 237 Henry Street for any entity or was suffered to work at that location, and the construction debris he was dumping in front of 237 Henry Street was from the project at 225 Rector Place.</p>
<p style="text-align: justify;">Thanks to Shira Straus for her contribution to this post.  Please email <a href="mailto:gcoats@wcmlaw.com">Georgia Coats</a> with any questions.</p>