You may have seen from our previous posts that contractors, subcontractors,
and/or property owners, can be civilly liable for your construction accident
fall from scaffolding equipment, even if any of those parties was your
employer and in spite of New York Workers’ Compensation Statutes.
An experienced Poughkeepsie construction accident attorney knows that scaffolding
laws embodied within
New York Labor Law Sections 240(1) and
241(6) also apply to instances when construction laborers fall from ladders at
A fall from a ladder is an elevated fall and
section 240(1) makes general contractors and property owners absolutely liable for any
laborer’s injuries that came from falls off of ladders. This means
that said persons may be liable without a showing of negligence, fault,
recklessness, inattention, or carelessness. Contractors, subcontractors,
and property owners may still be held liable even if the laborer was negligent
in some way.
Section 241(6) creates liability to contractors and property owners in regard to upholding
New York Industrial Code rule 23. This rule applies to the excavation,
demolition, or construction of a building that involves the use of ladders
and falls there from. Compare to ladder accidents occurring in relation
to maintenance or the repair of a building. Therefore, if rule 23 is violated, then
section 241(6) may create absolute liability for the contractor, subcontractor, and/or
Experienced construction accident attorneys will also know that you have
a number of theories under which you may seek civil recovery from persons
responsible for your workplace injury. The action may be one under New
York labor laws named above. Additionally, the action can be in negligence.
Moreover, the suit does not have to be under one or the other theory;
your suit can name all theories under which the persons responsible for
your injuries may be liable.
The difference between statutory liability and liability for negligence
is greatest in terms of what needs to be proved at trial. Proving negligence
requires showing that the defendant owed a duty to the plaintiff, that
this duty was breached, that the breach proximately caused the plaintiff’s
injuries, and the damages suffered by the plaintiff. This applies to falls
from ladder just like scaffolding falls.
What duty is owed? All parties who employ the use of ladders owe workers
and pedestrians a duty to keep them safe from preventable and foreseeable
injuries. If to be held civilly liable, this is what the owner, contractor,
or subcontractor must have breached. Moreover, the damages claimed by
the laborer, must have related to the fall caused by the breach of duty.
Our attorneys have drafted some common safety tips for scaffolding and
ladder falls available here. In short, falls from ladders are governed
in the same ways as scaffolding falls. Perhaps more importantly, you have
multiple theories under which you can seek compensation; negligence and
Are you interested in learning more about construction accidents and the
various duties? Visit our latest article here covering these details here
and return each day this week for more information. Visit yesterday’s
post about scaffolding falls, and make sure to check out our scaffolding
and ladder safety tips!
Our construction accident attorneys at Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.