When Is a New York Homeowner Liable for a Construction Accident?
New York law provides strong protections for construction workers who are injured on a jobsite due to unsafe working conditions. Among the more important protections is New York Labor Law § 240. Commonly known as the “Scaffold Law,” § 240 requires “contractors and owners and their agents” to provide “proper protection” against workers falling from a height or being struck by a falling object.
Second Department Holds Property Owner Can Stand Trial in Worker’s Death
The key to § 240 is that it imposes an absolute liability standard. This means that if an injured construction worker can show their accident was the result of a § 240 violation, the contractor, owner, or agent is automatically liable regardless of whether they were directly at-fault for what happened. The law, however, does include a limited exemption for property owners of “one and two-family dwellings who contract for but do not direct or control the work.”
In other words, a homeowner of a one and two-family dwelling who hires a contractor to perform construction work on their home is generally not subject to § 240 liability unless they were actually directing the work on the property.
The Appellate Division, Second Department, recently addressed a case where an injured construction worker challenged a property owner’s attempt to invoke this homeowner’s exemption. The victim in this case, Chiriboga-Herrera v. Litt, was a construction worker killed on the defendant’s property. More precisely, a 1,000-pound beam struck the victim in the head, killing him instantly. The administrators of the victim’s estate subsequently sued the defendant, alleging a § 240 violation was responsible for the fatal accident.
The defendant moved for summary judgment based on the homeowner’s exemption. A Nassau County Supreme Court judge granted the motion. The Second Department reversed, however, finding the administrators presented sufficient evidence to justify a trial on this issue.
The appellate panel noted the defendant failed to establish that “the purpose of the work was connected to his residential use of the property or that he did not supervise the method and manner of the actual work being performed by the [victim].” Additionally, the court noted that the estate had also raised a claim under New York Labor Law § 200, which relates to a construction site owner’s common law negligence for workers injured due to a dangerous condition on the property. Section 200 comes into play when the property owner either created the dangerous condition that led to the plaintiff’s accident or had actual or constructive knowledge of said condition. Either way, the Second Department said the estate was entitled to take their case under both § 200 and § 240 to trial.
Contact a New York City Construction Accident Lawyer
Construction is one of the most important industries in the New York City region. That is why it is essential for injured workers and their families to have their day in court against project owners who ignore their obligations to maintain safe work environments. If you need to speak with a qualified New York City construction accident attorney, contact the Law Offices of Jaroslawicz & Jaros, PLLC, at 212-227-2780 to schedule a consultation. We serve clients throughout New York City and Long Island.
Source:
scholar.google.com/scholar_case?case=16589829720995428836