New York’s highest court ruled Tuesday that premises owners and a general contractor are liable for injuries suffered by a painter who slipped and fell on plastic sheathing that had been placed over a stopped escalator during a renovation project.
Srecko Bazdaric and his spouse had sued Almah Partners LLC and Almah Mezz LLC, the owners of the premises, and J.T. Magen & Co. Inc., the general contractor that hired subcontractor Kara Painting, which employed Mr. Bazdaric.
Mr. Bazdaric, who claimed he has been unable to work due to his injuries, said the defendants negligently used slippery plastic covering rather than drop cloths, which were available at the job site.
A lower appellate court ruled the plastic covering was not a “foreign substance” similar to water, grease or ice, and that the lawsuit was barred because the plastic was integral to the work being performed.
In reversing that decision, the New York Court of Appeals wrote that the plastic covering that was placed on the escalator was not integral to the paint job because it made the area slippery, thereby creating a hazard, and because alternative coverings were available that would not have caused the same slipping hazard.
The court ruled the plaintiffs were entitled to summary judgment.