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When a property owner hires a contractor to maintain its building, it may assume that the contractor, not the owner, will be responsible for any problems caused by the work. However, in some cases, courts have ruled that owners may still be held legally responsible. One example is Backiel v. Citibank, N.A., where an office cleaner slipped on a wet walkway outside an office building owned by Citibank. Although the area was being cleaned by a contractor, the court decided that Citibank could not avoid responsibility by claiming the work had been delegated.
Background Facts
The plaintiff, Wanda Backiel, worked as an office cleaner. She was employed by Cushman & Wakefield, a company hired by Citibank to maintain its office building located at 399 Park Avenue in New York City. On September 24, 1997, Backiel completed an overnight shift and exited the building early in the morning. As she walked across the plaza in front of the lobby, she slipped and fell on a wet surface.
The area had been recently cleaned by a porter who also worked for Cushman & Wakefield. According to Backiel, the wet surface was caused by water sprayed on the sidewalk during the cleaning process. After falling, she noticed her coworker still using a hose further down the sidewalk.
Backiel filed a personal injury lawsuit against Citibank. Citibank asked the court to dismiss the case, arguing that it had no control over the actions of Cushman & Wakefield and therefore could not be held responsible. The lower court denied Citibank’s request for summary judgment, finding that Citibank might still owe a legal duty to Backiel even though the cleaning was done by a contractor.
Issue
The court had to decide whether Citibank could be held liable for injuries caused by the actions of an independent contractor it hired to maintain the property. Specifically, the court considered whether Citibank owed a nondelegable duty to provide a safe entry and exit for people lawfully on the property, including employees of the contractor.
Holding
The Appellate Division affirmed the trial court’s decision. It held that Citibank could not avoid potential liability by claiming that a contractor created the hazard. The court ruled that Citibank had a nondelegable duty to keep the area in a safe condition for people who used the premises. Since there were factual questions about the condition of the walkway and how it became wet, the court said the case should proceed to trial.
Rationale
Citibank relied on the general rule that a company is not responsible for the negligence of its independent contractors. Under that rule, an owner who hires a contractor is not liable for the contractor’s carelessness if the owner did not cause the problem or have notice of it.
However, courts have long recognized exceptions to that rule. One major exception is the nondelegable duty doctrine. Under this rule, property owners who open their buildings to the public must provide a safe means of entry and exit. This duty applies not just to visitors and tenants, but also to workers who come onto the property as part of their job.
The court explained that Citibank could not avoid this duty by hiring Cushman & Wakefield to clean the property. Even if the porter working for Cushman caused the floor to be slippery, Citibank could still be held liable under its duty to maintain the safety of the area. This duty included making sure the plaza area used for entering and leaving the building was not made unsafe by cleaning activities.
The court also emphasized that Backiel was not working on the plaza itself. Her duties involved cleaning offices inside the building. Therefore, she did not assume the risk of injury from cleaning activities being done outside by someone else.
Citibank also failed to prove that it had no responsibility for the condition. Its motion for summary judgment did not include enough evidence to show that it could not be found liable. Because of this, and because there were still questions about the condition of the walkway and how the fall occurred, the court said the case should continue.
Conclusion
The Backiel case shows that property owners cannot always shift responsibility to contractors, even if those contractors cause the hazard. When a building is open to the public or used regularly by workers and visitors, the owner must make sure that entry and exit areas are safe. This duty does not end when maintenance is handed over to another company.
If you or a loved one has suffered serious injuries, contact an experienced New York personal injury lawyer at Stephen Bilkis & Associates to discuss your rights and potential claims, and to ensure you receive the compensation you deserve.