New York Imposes Absolute Liability for Gravity-Related Falls
New York stands entirely apart from every other state in the country in how it protects construction workers from serious height-related accidents. Under New York Labor Law Section 240, commonly called the Scaffold Law, property owners and general contractors face absolute legal liability when a worker is injured falling from a height or struck by a falling object during covered construction work, provided proper safety devices were not furnished or properly used at the time. No other state in the country imposes anything close to this level of protection for construction workers facing serious height-related risks on the job every day.
Why “Absolute” Liability Changes Everything About a Case
Most personal injury cases involve a dispute over how much each side contributed to an accident. Section 240 works differently. Once a worker establishes that a violation of the statute occurred and that the violation caused the injury, liability attaches automatically to the property owner and general contractor, regardless of any argument that the worker also did something wrong. This is one of the few areas of New York law where a worker’s own comparative fault generally does not reduce a recovery. A worker who made an honest error in judgment while performing covered work can still recover in full if the required safety devices were missing or inadequate at the time.
What Kinds of Work Does the Statute Actually Cover
Section 240 was originally enacted in 1885, long before the modern workers’ compensation system ever existed, and courts have interpreted it broadly to cover a wide range of construction-related activities over the decades. Covered work typically includes:
- Erection, demolition, and repair work performed on buildings or other structures
- Alteration, painting, and thorough cleaning work performed on a building or structure
- Falls from ladders, scaffolds, or any other type of elevated work surface
- Being struck by an object falling from a height during the course of covered work
A Uniondale construction accident lawyer can help determine whether a specific task falls squarely within the scope of activities the statute protects, since the classification of the work performed often determines whether this powerful protection applies at all.
Why an Important Exception Exists for Certain Homeowners
Owners of one- and two-family homes are generally exempt from Section 240’s absolute liability standard, but only if they genuinely did not direct or control the construction work being performed on their property. A homeowner who actively supervises or personally directs a construction project can lose this exemption entirely, even on a residential property that would otherwise clearly qualify for it. The team at Rosenberg & Rodriguez Personal Injury Lawyers evaluates this exception carefully in every single case involving a residential property, since the line between hiring a contractor and directing the work can be surprisingly easy to cross.
Why Insurers Still Try to Argue Comparative Fault
Even though a worker’s own negligence generally cannot reduce a Section 240 recovery, insurers frequently argue that the worker’s actions were the sole and only cause of the accident, which would defeat the claim entirely rather than simply reducing it. A Uniondale construction accident lawyer can help counter this argument, since courts have consistently and repeatedly rejected attempts to relabel ordinary comparative fault arguments as a sole proximate cause defense.
Building a Strong Scaffold Law Claim
Documenting the safety devices that were or were not provided, the specific height involved, and the exact task being performed at the moment of the fall all shape how strongly a Section 240 claim ultimately holds up once litigation begins. Photographs taken at the scene, detailed witness accounts, and the site’s own safety records often become the central evidence in these kinds of disputes.
If you were hurt in a fall or struck by a falling object at a construction site in Uniondale, speak with our team about whether the Scaffold Law applies to your specific case.
