14 N.Y.2d 129 (1964)

A general contractor is not liable for injuries to a subcontractor’s employee when the injury arises from the subcontractor’s negligent acts in performing the details of their work, unless the general contractor assumes control over those details.

Summary

Wright, a subcontractor’s employee, was injured when a concrete cheek (a supporting slab) collapsed during cesspool installation. He sued Belt Associates, the owner and general contractor, alleging failure to provide a safe workplace. The court reversed a jury verdict for Wright, holding that the duty to brace the cheek during the work belonged to the subcontractor, Cance. The court emphasized that a general contractor is not responsible for injuries arising from the negligent acts of a subcontractor performing the details of their work, and imposing a dual responsibility for safety would create confusion and hinder job progress.

Facts

Belt Associates, acting as its own general contractor, hired Cance as a subcontractor to install cesspools. The work schedule required the foundation and concrete cheeks to be laid before cesspool installation. The cheeks, which supported the front stoop, rested on sand. After the foundation was laid, the area was backfilled. Later, Cance’s employees, including Wright, began installing the cesspool. To connect the cesspool to a drainpipe, Wright had to dig a trench next to one of the cheeks. Removing the soil from one side of the cheek caused it to collapse, injuring Wright. Similar incidents had occurred previously.

Procedural History

Wright sued Belt Associates, alleging negligence and violation of Labor Law § 200 (safe place to work). The trial court instructed the jury using language from Industrial Code rule 23-8.1 regarding the need to support unstable structures during excavation. The jury found for Wright, and the Appellate Division affirmed. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the general contractor, Belt Associates, had a duty to brace the concrete cheek during cesspool installation performed by its subcontractor, Cance, so as to be liable for injuries sustained by Cance’s employee when the cheek collapsed.

Holding

No, because the duty to brace or otherwise support the cheek during the course of Cance’s work in progress rested on Cance.

Court’s Reasoning

The court determined that the critical question was who had the responsibility to brace the cheek. If Cance, the subcontractor, had that responsibility, then Belt could not be held liable. The court stated that the case fell within the exception to the general contractor’s duty to provide a safe workplace, which applies when the injury arises through the negligent acts of a subcontractor occurring as a detail of the work. The court reasoned that Rule 23-8.1 of the Industrial Code could not shift the responsibility for safety precautions from the employer (subcontractor) to the owner/general contractor, absent the latter’s assumption of control. The court emphasized the importance of avoiding a division of authority between the subcontractor and the general contractor in areas of the subcontractor’s particular competence, stating that such division “would be likely to cause confusion or unreasonably impede the progress of the job.”

The dissent argued that Belt’s prior act of backfilling created the dangerous condition, thus imposing a duty on Belt to protect against the resulting peril. The dissent emphasized that Belt knew of the danger based on prior similar incidents.

The court reversed the judgment and dismissed the complaint, concluding that it was Cance’s responsibility to support the cheek during the installation operation, and Belt was not negligent as a result of Cance’s default.