Credit: Batuhan Toker/Adobe Stock 'Bazdaric', the 'Integral to the Work' Defense and the 'Slippery Condition' Provision of Industrial Code 23
In his Construction Accident Litigation column, Brian J. Shoot focuses on a single Court of Appeals ruling, 'Bazdaric v. Almah Partners', and the two issues that were presented in that case.
May 07, 2024 at 10:12 AM
14 minute read
Today's column focuses on a single Court of Appeals ruling—Bazdaric v. Almah Partners 2024 NY Slip Op 00847 [Ct App Feb. 20, 2024]—and the two issues that were presented in that case. One issue, which split the First Department panel 3 to 2, concerned the "integral to the work" defense. The defense is far from new, and essentially posits that owners and contractors cannot be blamed for a regulatory violation when the nature or objectives of the work made compliance impossible. For example, even if a regulation requires that holes which are potential falling hazards must be covered, it is obviously not feasible to cover such a hole while it is being filled with concrete.
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