In Sanatass v. Consolidated Investing Co., Inc. , Christopher Sanatass was injured while installing an air conditioning unit in a building owned by Consolidated Investing.
C2 Media (C2) -- a tenant in Consolidated's building -- agreed not to make any changes to the premises without the owner's written consent. Yet, C2 secretly hired Sanatass's employer to install an air-conditioning unit and, because of faulty lifts, Sanatass was "nearly crushed."
Sanatass sued Consolidated under a New York State law which imposes "strict liability" on building owners when laborers employed to perform services are injured. Consolidated argued that since its tenant didn't have permission to make these repairs, C2 was solely responsible for Sanatass's damages. The New York County Supreme Court agreed with that position, as did the Appellate Division, First Department.
On appeal to our state's highest court, the New York State Court of Appeals looked to the Labor Law's legislative history and found the statute clearly intended to hold building owners responsible for most on-site accidents which result in a laborer's injuries. As a result, Consolidated was unable to "escape strict liability" even though it had no "notice or control over the work ordered by its tenant."
In a dissent, Judge Smith rejected such a "literal, mechanical" application of the law and was of the opinion the majority was inappropriately treating the building owner as an "insurer" and wrongfully holding it responsible for the tenant's misconduct.
The law's "strict liability" standard is quite frigid, wouldn't you agree?
To download a copy of the Court of Appeals' decision, please use this link: Sanatass v. Consolidated Investing Co., Inc.