September 29, 2010

Construction accident

In a recent New York State case in the Second Department, the Court found that there was a tripping hazard caused by mislaid contractors' crowbar. The actions of the defendants constituted premises condition. The crowbar was left on the floor of an office doorway by painters who had ceased their work and were no longer using their tools for that day. The Court found that these actions constituted a "premises condition," triggering the "actual or constructive notice" standard. The crowbar was a mere consequence of the painters' work after a day's work had been completed.