Porter Injured on the Job Can Sue Managing Agent

Building porter employed by landlord owner was injured when he fell from a ladder while painting an exterior staircase of the building. He sued the building's managing agent under Labor Law Sections 200, 240(1), and 241(6), claiming that the managing agent failed to provide a safe workplace. The managing agent asked the court to dismiss the case without a trial. The porter had received workers' compensation benefits from the building owner, which was the porter's employer. The managing agent claimed that the porter was therefore barred from making a claim against him under the Workers Compensation Law. The managing agent also claimed that the porter was solely responsible for the accident and his injuries. The court ruled for the managing agent.
The porter appealed and won. The appeals court reopened the case. The managing agent hired the building super, who supervised the porter. There were questions of fact concerning who was responsible for the porter's injuries that required a trial. In addition, there was no proof that there were adequate safety devices available at the job site and that the porter either didn't use or misused them. So the court shouldn't have found that the porter alone was responsible for his injuries.