Falling Objects on NYC Construction Sites: Who Is Liable?

New York City’s skyline is always changing. With construction happening on nearly every block, it’s no surprise that falling object accidents are a serious and recurring problem on job sites across the five boroughs. If a tool, piece of debris, or building material has fallen and injured you, you’re probably wondering who is responsible and what your options might be. The answer depends on several factors, but New York law offers some of the strongest protections in the country for people hurt in these situations.

How New York Law Addresses Falling Object Injuries

New York Labor Law Section 240, widely known as the “Scaffold Law,” is one of the most significant statutes protecting workers injured by falling objects on construction sites. The law requires contractors and property owners to furnish or erect proper safety equipment, including scaffolding, hoists, stays, ladders, and other devices, to protect workers performing construction-related tasks. When that equipment is absent, defective, or improperly set up, and a worker suffers an injury as a result, the law places responsibility squarely on the property owner and general contractor.

What makes Section 240 especially powerful is that it imposes what is known as strict liability. That means an injured worker does not need to prove that the owner or contractor was careless in the traditional sense. If the required safety protections were not in place and an object fell and caused harm, liability can attach regardless of other circumstances. This is a significant distinction that sets New York apart from most other states.

Who Can Be Held Responsible?

The question of liability in a falling object case is rarely straightforward. Depending on the specifics of the accident, multiple parties could potentially bear responsibility, including:

• The property owner, who has an obligation under the law to ensure the site is safe
• The general contractor, who is responsible for coordinating safety measures across the entire project
• A subcontractor, if their work or employees were directly involved in the incident
• An equipment manufacturer, if a defective product caused the object to fall

Each construction project involves a web of contracts and relationships, and sorting out who was responsible for what requires a careful examination of the facts.

What About Workers Who Are Not Employees of the Contractor?

Many people assume that only direct employees of a construction company can pursue a claim under New York Labor Law. That is not always the case. Workers employed by subcontractors, and in some situations even non-workers who were present on or near a job site, may have legal options depending on the circumstances of the accident. The key question is typically whether the injured person was performing work covered by the statute at the time of the injury.

It is also worth knowing that New York Labor Law Section 240 does not apply to owners of one or two-family homes who did not direct or control the work. This is one of the exceptions built into the statute, and it highlights why the details of each case matter so much.

Take the Next Step and Speak With Our Team

If you or someone you care about was struck by a falling object on a New York City construction site, the situation can feel overwhelming. Medical bills, lost wages, and uncertainty about the future can pile up quickly. The good news is that New York law may provide a path to meaningful recovery, but these cases require a thorough understanding of the applicable statutes and the facts on the ground.

We encourage you to reach out to our team to learn more about your options. At Jaroslawicz & Jaros, PLLC, our New York City construction accident lawyers are ready to listen, evaluate your situation, and explain what steps may be available to you. Contact us today for a free consultation at 212-227-2780, or reach out online. We are here to help.

Source:

nysenate.gov/legislation/laws/LAB/240