Howard R. Sanders, Esq.
Free Initial Consultation
Toll Free 800-731-9976
Local 212-983-5151

New York's "Scaffold Law" again under attack

New York has a unique law regarding workers who have been injured while on the job at construction sites. Under the Scaffold Law, property owners and general contractors are liable for injuries that occur on worksites involving scaffolding regardless of fault or negligence.

In other words, it doesn't matter how the worker became injured. The fact that the worker was injured while on the job means he or she can recover under New York law. The Scaffold Law was originally enacted because of an increasingly high death toll which at one time plagued New York construction sites, especially at elevated heights.

The Scaffold Law holds those responsible for the budget to high safety standards, thereby increasing overall safety for workers. But the law is continually the object of "reform" efforts. This year is no exception. 

Another year, another attempt at amendments

In Albany, lawmakers are continually lobbied to amend, or even eliminate, New York's Scaffold law. It is unclear if this year's efforts will be successful but it is estimated that as many as 70 organizations are currently arguing for a change to the law.

Some courts have restricted Scaffold Law in recent cases

Just last year, the New York Supreme Court's Appellate Division, Second Department, held that a worker who fell from a ladder was not able to recover under the Scaffold Law because he improperly positioned the ladder. Other courts interpret the law differently. The differing treatment between courts has led to some speculation that the New York Court of Appeals will take up the issue at some point. As yet, however, the state's highest court has no such case upcoming.

An attorney can help

Even a straightforward law like New York's Scaffold Law can become complex when there is continuous litigation surrounding it. If you were injured at a construction site, the Scaffold Law may apply to your situation. However, this blog is not legal advice and individual circumstances vary. If you have questions about a potential lawsuit, speak to an experienced personal injury attorney familiar with accidents at NYC construction sites. 

No Comments

Leave a comment
Comment Information

Office Location

Howard R. Sanders, Esq.
60 East 42nd Street
47th Floor
New York, NY 10165

Toll Free: 800-731-9976
Phone: 212-983-5151
Fax: 212-983-1006
New York Law Office Map

Email Us For A Response

Arrange A Free Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy