Under New York Law, if a personal falls from a roof of a building while performing his employment duties, he would typically be entitled to protection under the Labor Law. However, there are certain exceptions which relieve a property owner from exposure under the Labor Law.
In Banegas v. Farr, the defendants hired the plaintiff to clean insulation on the roof of their home. While engaged in this work, the plaintiff allegedly fell from the roof and sustained injuries. The plaintiff commenced an action against the defendants, asserting, among others, causes of action to recover damages for violations of Labor Law §§ 240(1) and 241(6). The Appellate Division, Second Department affirmed the trial court’s decision granting the defendants’ motions for summary judgment dismissing the causes of action alleging violations of Labor Law §§ 240(1) and 241(6), and denied plaintiff’s cross motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240(1).
In Banegas, the defendants showed that their home was a single-family residence and that they did not supervise the methods or manner of the plaintiff’s work. The Court held that the defendants were entitled to the protection of the homeowner exemption contained in those provisions, which exempts “owners of one and two-family dwellings who contract for but do not direct or control the work” from the liability imposed by those provisions. As such, a single family homeowner, who does not direct or control the work of contractors, is free from liability if a workers falls off their roof.
Thanks to Johan Obregon for his contribution.