Scaffold Law (New York)

The Scaffold Law, formally known as New York Labor Law Sections 240 and 241, is a unique and controversial statute in New York State. It imposes absolute liability on owners, contractors, and their agents for gravity-related injuries suffered by construction workers, demolition workers, and alteration workers on the job. This means that if a worker falls from a height or is struck by a falling object, the owner or contractor is liable, regardless of fault, for damages including medical expenses, lost wages, and pain and suffering.

Section 240 specifically addresses injuries sustained from elevation-related hazards. It requires contractors and owners to furnish or erect scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which are so constructed, placed, and operated as to give proper protection to a person so employed. Failure to provide adequate safety devices that directly cause an injury results in liability.

Section 241(6) imposes a non-delegable duty upon owners and contractors to provide reasonable and adequate protection and safety to construction workers. While not specifically limited to elevation-related risks, it's often invoked in conjunction with Section 240 to cover a broader range of construction site hazards. It requires compliance with the Industrial Code.

The Scaffold Law's "absolute liability" standard distinguishes it from typical negligence law, where fault must be proven. The law's supporters argue that it provides crucial protection for construction workers in a dangerous industry and incentivizes owners and contractors to prioritize safety. Critics contend that it leads to inflated insurance costs, frivolous lawsuits, and deters construction projects in New York. There have been numerous attempts to reform or repeal the Scaffold Law, but they have been unsuccessful. The law remains a significant factor in construction-related litigation and insurance within New York State.