Construction litigation is a complex area of law that is primarily controlled by three sections of the New York Labor Law, specifically Sections 200, 240, and 241. Knowledge of the controlling statutes and understanding every aspect of construction projects is essential to defending a lawsuit arising from any work-related accident at a construction site.
New York State Labor Law Sections 200, 240, and 241 provide specific protection to workers who are injured on construction worksites. These laws provide protection for injuries or fatalities occurring at commercial worksites, including preparation, demolition, repairs, or alterations.
New York Labor Law 200
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.
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.
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We believe in a proactive and cost-effective approach to serving even the most complex of our client's legal needs.
At McDonnell Adels & Klestzick, we provide our clients with the finest in legal representation and customer service. We believe in a proactive and cost-effective approach to serving even the most complex of our client's legal needs. For more information about Construction Litigation or any of our practice areas, call us at 516-328-3500.