Consider the following hypothetical: Defendant Smith & Jones Corporation (SJC) is an electrical subcontractor at a construction site in Manhattan. One of its A-frame ladders is damaged, and thereby dangerous to use. A foreperson marks it with blue tape, signifying to its employees that the ladder should not be used, but SJC neglects to remove it from the site. Sometime later, an employee of EBM Drywall Corp. (EBM), the drywall and ceiling contractor, sees the ladder and attempts to use it since it happens to be conveniently at hand when he needs a ladder. The ladder wobbles, causing it and the worker—let's call the worker plaintiff—to fall. Plaintiff sues, amongst others, SJC for negligently leaving a defective ladder where it was highly likely to be used (i.e., at a construction site).