Law Talk brings answers to questions that you, our viewers, submit to our team of lawyers. In this edition of Law Talk, attorney Michael Donlon discusses New York State Scaffold Law.
New York Labor Law section 240, also known as the Scaffold Law, places liability on building owners and general contractors in the event of a gravity-related incident that results in injury. Examples include if a worker falls from height, or if an object falls from height and strikes a worker below.
Under the law, if a worker is injured during these situations, the worker can bring a lawsuit against the property owner and the general contractor for all related personal injuries’ and economic damages.
The law is unique as New York State is the only state that imposes absolute liability in gravity related injury cases. Donlon says that anybody injured on the construction site should ask themselves these three questions,
- Was my employer hired by someone else to do the work?
- Did the work involve the demolition, erection, repair, altering, painting, pointing, or cleaning of the building or structure?
- Was my injury caused, in any respect, by the force of gravity?
If the answer is yes to any of these questions, you may have significant rights under the New York State Trial Law.
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