Can a plaintiff bring a common-law negligence claim against the owner for failing to provide adequate overhead protection?
The following excerpt is from Nally v. Bovis Lend Lease LMB, Inc., 16 N.Y.S.3d 792 (Table) (N.Y. Sup. Ct. 2015):
Dismissal of plaintiff's common-law negligence claims, insofar as they are based on a dangerous premises condition, i.e., the allegedly inadequate overhead protection, also is not warranted. Liability for a dangerous condition is generally predicated on either ownership, control or a special use of the property. Lopez v. Allied Amusement Shows, Inc., 83 A.D.3d 519, 921 N.Y.S.2d 231 (1st Dept 2011), citing Balsam v. Delma Eng'g Corp., 139 A.D.2d 292, 296, 532 N.Y.S.2d 105 (1st Dept 1988).
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