Sarnoff v. Charles Schad, Inc., 22 N.Y.2d 180 (1968)
A general contractor who undertakes to furnish scaffolding for subcontractors’ employees has a non-delegable duty under Labor Law § 240 to ensure the scaffolding is safe, even if the contractor delegates the actual construction to a subcontractor; however, a subcontractor who merely furnishes the scaffolding, without directing the injured worker, is not liable under the statute and is not liable under common-law negligence for patent defects.
Summary
Sarnoff, an employee of a painting subcontractor, was injured when he fell from a scaffold lacking a safety rail. He sued the general contractor, Associated Church Arts, and the scaffolding subcontractor, Charles Schad, Inc. The New York Court of Appeals held that Associated, having undertaken to furnish the scaffolding, had a non-delegable duty to comply with Labor Law § 240, which requires safety rails on scaffolds over 20 feet. However, Schad was not liable under the statute because it did not employ or direct Sarnoff. Schad also was not liable under common-law negligence because the lack of a safety rail was a patent defect.
Facts
Associated Church Arts (Associated) was the general contractor for repairs at a church. Associated hired Hans Schmidt as a painting subcontractor, who employed Sarnoff. Associated also contracted with Charles Schad, Inc. (Schad) to furnish and erect scaffolding for the project. Sarnoff was injured when a plank tilted on a scaffold, approximately 21 feet high and lacking a safety rail, causing him to fall.
Procedural History
Sarnoff sued Associated and Schad based on common-law negligence and violation of Labor Law § 240. The trial court initially found both defendants liable. However, the court later reversed its decision as to Schad’s liability, holding a supplier is not liable for a patently dangerous appliance. The Appellate Division affirmed. Associated appealed, arguing it was denied a jury trial on the Labor Law claim and that it delegated its duty. Sarnoff appealed the dismissal of claims against Schad.
Issue(s)
1. Whether a general contractor who contracts to furnish scaffolding for the use of subcontractors’ employees can be held liable under Labor Law § 240 for injuries resulting from a lack of safety rails, even if the contractor delegates the actual construction to a subcontractor?
2. Whether a subcontractor who merely furnishes the scaffolding, without employing or directing the injured worker, can be held liable under Labor Law § 240?
3. Whether a supplier of a chattel owes a duty, extending to all foreseeable users, of reasonable care in furnishing safe chattels where the alleged defect is patent?
Holding
1. Yes, because when a general contractor undertakes to furnish scaffolding, it cannot avoid its statutory duty under Labor Law § 240 by delegating this obligation to another subcontractor.
2. No, because Labor Law § 240 imposes a duty on those employing or directing another to perform labor, and Schad did neither.
3. No, because liability should not rest upon a theory that a supplier of a chattel owes a duty extending to all foreseeable users where the alleged defect is patent.
Court’s Reasoning
The court reasoned that Associated, by contracting to have Schad build scaffolding for the subcontractors, undertook the responsibility of furnishing the scaffolds and implicitly required the workmen to use them. The uncontroverted facts that the scaffolding lacked a safety rail, was over 20 feet high, and the jury’s special verdict on causation mandated a finding of a violation of Labor Law § 240. The court emphasized that the statute was intended to protect workmen and should be liberally construed. The court quoted Labor Law § 240, which states that a “person employing or directing another to perform labor…shall furnish or erect…scaffolding…which shall be so constructed…as to give proper protection”.
As to Schad’s liability, the court found no evidence that Schad employed or directed the plaintiff. The court distinguished this from situations involving latent faults or hidden dangers. The court stated: “Liability should not rest upon a theory that a supplier of a chattel owes a duty, extending to all foreseeable users, of reasonable care in furnishing safe chattels where the alleged defect is patent.” Referring to *MacPherson v. Buick Motor Co.*, the court concluded that the doctrine of liability as enunciated therein would not extend to a situation involving patent defects.