Scaffoldings are as common as buildings in New York City, and when they are poorly maintained or improperly used, the results can be catastrophic. If you or a loved one has been injured in a scaffolding accident in NYC, you may be asking, who is liable? More importantly, do I have a lawsuit?
At Morelli Law Firm, we help injured construction workers, pedestrians, and tenants understand their legal rights after scaffolding injuries. We know who can be held liable for these incidents and how New York laws uniquely protect victims.
What Makes Scaffolding Accidents So Dangerous?
Scaffolding accidents are often deadly or disabling. Victims may suffer:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Multiple fractures or crushed limbs
- Falls from significant height
- Electrocution injuries
- Fatalities
These accidents often occur because of:
- Collapsing scaffolds
- Missing or defective guardrails
- Falling tools or materials
- Slippery platforms
- Inadequate worker protection (e.g., no harnesses)
- Lack of proper training or supervision
New York has special laws in place because of how often these injuries happen and how preventable they are.
New York’s Scaffold Law: Labor Law § 240(1)
In most states, injured workers must rely on workers’ compensation benefits unless gross negligence is involved. Not in New York.
Labor Law § 240(1), commonly known as the Scaffold Law, is one of the most powerful worker protection laws in the country. It holds owners and general contractors strictly liable when a worker is injured in an elevation-related accident, such as:
- Falling from a scaffold
- Being struck by a falling object due to lack of proper safety devices
- A scaffold or ladder collapsing due to improper setup or maintenance
What Does “Strict Liability” Mean?
Under Labor Law § 240(1), you do not need to prove negligence. If the proper safety equipment was not provided, and that failure caused the accident, the responsible parties are automatically liable.
Who Can Be Sued After a Scaffolding Accident?
1. Property Owners
Under Labor Law § 240, most property owners (excluding one- and two-family homeowners who don’t direct the work) are automatically liable if they fail to provide proper fall protection.
This includes owners of:
- Commercial buildings
- Apartment complexes
- Condominiums
- Government buildings (though special notice rules apply)
2. General Contractors
The GC is often responsible for overseeing site safety. If a subcontractor’s employee is hurt due to inadequate scaffolding or missing safety devices, the general contractor can be held liable under the Scaffold Law, even if they didn’t personally cause the accident.
3. Subcontractors (In Some Cases)
While Labor Law § 240(1) applies primarily to owners and general contractors, subcontractors may be liable under Labor Law § 241(6) or common-law negligence if they caused or contributed to unsafe conditions.
4. Scaffold Manufacturers or Equipment Suppliers
If the scaffold itself was defectively designed or manufactured, or a rental company failed to inspect it before use, a products liability or negligent supply claim may be possible.
5. Third Parties (Architects, Engineers, Site Managers)
In some cases, professionals responsible for site planning, supervision, or safety inspections can be sued under theories of professional negligence or contractual duty breaches.
What About Workers’ Compensation?
If you were injured on the job, you’re likely eligible for workers’ compensation, which can cover:
- Medical expenses (past and future)
- Full lost wages and future earning capacity
- Disability and disfigurement
- Emotional distress
- Loss of enjoyment of life
- Wrongful death benefits (for families who lost a loved one)
However, workers’ comp does not compensate you for pain and suffering, and you may not get the maximum compensation you deserve for your injuries. That’s why filing a third-party lawsuit under the Scaffold Law is important, as it can provide substantially higher compensation than workers’ comp alone.
Causes of Scaffolding Accidents That May Trigger Liability
1. Failure to Provide Proper Safety Devices
Employers must provide workers with appropriate safety equipment like:
- Guardrails
- Harnesses and lifelines
- Secure footing
- Netting or fall arrest systems
Missing or defective devices almost always give rise to liability under Labor Law § 240(1).
2. Improper Construction or Assembly
Scaffolds must be erected according to OSHA and NYC Department of Buildings codes. Errors in setup can lead to collapse, tipping, or instability.
3. Overloading or Poor Maintenance
Scaffolds have weight limits. When contractors overload platforms with equipment or fail to perform inspections, the structure can buckle—leading to devastating falls.
4. Falling Objects
Labor Law § 240(1) also applies when workers are struck by falling tools or debris that should have been secured.
5. Inadequate Training or Supervision
Employers and contractors are required to ensure workers are trained to use scaffolding systems safely. If they fail to do so, they can be held liable under Labor Law § 200 or common-law negligence.
What Should You Do If You’re Injured in a Scaffold Accident?
- Seek immediate medical attention.
- Report the incident to your employer and request an incident report.
- Take photos or videos of the scene, if possible.
- Gather witness names and contact info.
- Do NOT sign anything from the contractor, building owner, or their insurer.
- Contact an experienced NYC scaffolding accident lawyer immediately.
Why You Need a NYC Construction Accident Attorney
Scaffolding accident claims are legally complex and heavily contested. Building owners and contractors often try to argue that the worker was at fault, the Scaffold Law does not apply, or the scaffold was properly maintained.
At Morelli Law Firm, our attorneys know how to investigate construction accidents, preserve critical evidence, and build powerful cases under Labor Law § 240. We’ve helped workers recover millions for serious job site injuries, and we’re ready to do the same for you.
If you or a loved one has been seriously injured in a scaffolding accident in NYC, don’t settle for less than you deserve. Let the team at Morelli Law Firm fight for your rights. Call now to schedule your free consultation.
