Triable Issues Remain as to Whether a Loose String Posed a “Tripping Hazard”

Mott v. Tromel Constr. Corp., 79 A.D.3d 829, 912 N.Y.S.2d 685 (NY App. Div. 2010)

In Mott, the plaintiff was injured on an elementary school construction site when he tripped on a piece of string stretching into the hallway from a classroom.  He sued the contractor, the school, and a subcontractor that was allegedly responsible for placing the string as part of a flooring project.  The Appellate Division, Second Department, denied the defendant’s motions for summary judgment, finding that there were triable issues of fact regarding (1) whether or not the contractor had actual or constructive notice of the dangerous condition, and (2) whether the string posed a “tripping hazard” within the meaning of New York’s local rules, whether the hallway was a “passageway” under the law, and whether the string was integral to and consistent with the work the plaintiff was performing.