New York Labor Law §240(1) requires owners and general contractors to provide a safe place to work and to protect workers from sustaining injury due to falling objects. The New York Courts have recognized the danger to workers when objects are not properly lifted, lowered, or secured in place to prevent injury. The Courts have held building owners and general contractors 100% liable for injuries suffered by construction workers due to falling objects at a worksite.
An injured worker who sustains injury from a falling object is not required to prove any negligence on the part of the owner or general contractor under Labor Law §240(1). The injured construction worker need only prove that a violation of the statute was a cause of his injury. Labor Law §240(1) requires owners and general contractors to provide adequate safety devices such as hoists, ropes, and pulleys to lift and lower materials to prevent injury to workers. Labor Law §240(1) also requires owners and general contractors to prevent materials from falling from a height causing injury to a worker even if the falling object itself was not in the process of being raised or lowered.
For example, the Courts have held that the statute was violated in instances where the hoist, rope, pulley, crane, or other lifting device swayed, tilted, or broke causing various construction tools or materials to become loose, fall to the ground, and strike a worker causing injury. The Courts have held that the statute was violated when a beam in the process of being lifted from the ground by ropes and pulleys came loose and struck a worker causing injury. The Courts have held that the statute was violated when a cinderblock or other object positioned on the roof of a building under construction fell and struck a worker on the sidewalk causing injury. The Courts have held that the statute was violated when a newly installed glass window pane fell several stories striking a worker causing injury.
If you or a loved one has been injured through a construction accident you may want to contact an experienced attorney who can analyze the facts of your case and help determine whether the owner and general contractor violated New York Labor Law §240(1). We offer over 25 years of experience at Oresky & Associates, pllc. and are here to help you. You can contact us by telephone 24 hours a day, seven days a week. (718) 993-9999 You may also contact us online.