New York Labor Law Section 240
City of new york 940 n y s 2d 21 app.
New york labor law section 240. All contractors and owners and their agents except owners of one and two family dwellings who contract for but do not direct or control the work in the erection demolition repairing altering painting cleaning or pointing of a building or structure shall furnish or erect or cause to be furnished or erected for the performance of such labor scaffolding hoists stays ladders slings hangers blocks pulleys braces irons ropes and other devices which. New york labor law 200 240 241 section 240 is known as the scaffolding law. This is the law that involves accidents from heights such as falls from ladders or objects falling onto workers.
Scaffolding and other devices for use of employees on westlaw. Section 240 of the new york labor law is often referred to as the scaffold law because it protects construction workers who work at heights and are at risk of falling. Greens at half hollow llc 823 n y s 2d 416 app div.
Labor law 240 states that the responsibility of keeping. This legal requirement mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. Throughout labor law 240 1 jurisprudence the ny courts have stressed two 2 points in applying the doctrine of strict or absolute liability.
Generally labor law 240 calls for strict liability against owners and general contractors without regard for actual negligence for workers who fall from a height valensisi v. Height has been defined by the courts as the last rung in a ladder or about ten inches. 2006 or who are struck by a falling object naughton v.
The statute places liability on owners and contractors who fail to give workers adequate safety equipment. Workers who fall from an elevated worksite such as a scaffold or ladder because they have not been furnished with a safety device or the device malfunctioned. Classic suits could include.
New york labor law section 240 also known as the scaffolding law was designed to protect workers from falls and or injuries from falling objects. First that liability is contingent on a statutory violation and proximate cause. Section 240 of new york state labor law the scaffolding law protects the rights of construction workers who suffer a fall or are struck by a falling object.