Construction Litigation

New York Labor Law 200

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New York Labor Law 200 protects the rights of workers as well as third parties.  It was enacted to ensure that construction company owners and contractors take reasonable steps to create a safe working environment. This section creates a general duty on owners and contractors to make certain that the construction site, in general, is safe. Section 200 also provides protection for visitors and includes provisions that the job site has adequate lighting and guardrails.

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New York Labor Law 240

 

Section 240 of the New York State Labor Law, commonly known as the “Scaffold Law”, protects the rights of construction workers who “fall” or are “struck” by a falling object. This section mandates construction owners and contractors to provide scaffolding and other safety measures to protect workers. Reasonable steps include scaffolding, hoists, ladders, slings, hangers, pulleys, ropes, and stays.

 

The Scaffold Law is important in a civil lawsuit because it imposes strict liability on owners and contractors that fail to adhere to the law. As such, aggressive litigation and understanding of the laws involved are crucial to properly defending our clients.  

 

New York Labor Law 241

 

Section 241 refers to construction situations involving demolition, excavation, and safety equipment. Under this section, owners and contractors must take reasonable steps to provide adequate safety provisions for their workers. Section 241 directly addresses how floors are constructed during the building progress and the materials to be used, along with elevators and any type of hoisting apparatus. This provision also mandates owners and contractors will arrange equipment in such a way to maximize the safety of workers and any visitors.