In Carrillo v Circle Manor Apts, the plaintiff was removing carpet from a building’s basement when the wooden sub-floor gave way, causing his foot to fall through the hole.  The Second Department affirmed summary judgment granted to the defendant finding that Labor Law 240 applies strict liability against defendants for foreseeable risks of injury from elevation-related hazards.  The Appellate Division emphasized that this strict liability can only apply when the elevation-related hazard created a foreseeable risk that would have required a safety device.  In this case, the Court found that the plaintiff’s work, which was being performed on the basement’s subfloor, did not expose the plaintiff in a foreseeable risk of injury from a height that would have required him to use a safety device.

 The Second Department also held that the owner’s summary judgment motion dismissing the plaintiff’s Labor Law 200 and negligence claims was properly granted because an owner can only be held liable if he caused the dangerous condition or had actual or constructive notice.  The Court found that the defect in the floor was latent and non-discoverable upon a reasonable inspection.  Accordingly, the owner did not have actual or constructive notice that the basement floor beneath the carpet would collapse.

Thanks to Georgia Coats for her contribution.

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