Scaffolding and Safety Devices
Scaffolding and Safety Devices
The owners and contractors of construction sites are in a position to provide safety protection for workers on their site. Because they are in that special position, they can be liable for injuries suffered by workers during construction. If you are injured while working on a construction site, the owner of the construction site may be liable for any injuries you suffer if they didn't take adequate precautions for ensuring your safety on the job.
New York State law provides that all contractors, owners, and their agents who engage in construction work must erect or furnish safety equipment and devices to give proper protection to the person employed for construction on the site. N.Y. C.L.S. § 240(1) (2003). "Construction" include erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure. Examples of safety devices include scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices that can be erected to provide protection to the worker. N.Y. C.L.S. § 240(1) (2003).
Furthermore, when scaffolding is used in the construction of a building, the contractor or owner must ensure that the scaffolding has a safety rail of suitable material rising at least 34 inches above the floor of the main portions of the scaffolding, extending along the entire length of the outside and the ends of the scaffolding. The scaffolding must also be secured to the building to prevent the scaffolding from swaying from the building. N.Y. C.L.S. § 240(2) (2003). Also, all scaffolding must be constructed to bear at least four times the maximum weight required in the use of the scaffolding. N.Y. C.L.S. § 240(3) (2003). For example, if the weight in use on the scaffolding is expected to be at most 1,000 lbs, the scaffolding must be designed to bear at least 4,000 lbs by the statute.
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Who is Exempt from Liability?
The New York law concerning scaffolding and safety devices in construction for the protection of workers specifically excludes owners of one and two family dwellings who contract for, but do not direct or control the construction work undertaken on the site. N.Y. C.L.S. § 240(1) (2003). In order to find that a homeowner did direct and control the construction work for purposes of liability under the statute, it must be shown that the homeowner supervises the method and manner of work, can order changes in specifications, reviews progress and details of job with general contractor, and provides equipment necessary to perform work. Devodier v Haas, 570 NYS2d 63 (1991).
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Liability and Control
The New York law governing liability for construction contractors and owners requires direction or control in order to find liability on the contractor's or owner's part. Those considered liable for the safety of construction workers on their sites are those owners or contractors who have the power to enforce safety standards and choose responsible subcontractors. What is most important in the determination of who is an owner or contractor is the right to insist that proper safety practices are followed, and it is the right to control work that is significant. Nowak v Smith & Mahoney, P.C. 494 N.Y.S.2d 449 (1985).
New York law upholds the policy that the owner and contractor are best in the position to provide safety equipment and devices for their construction site workers, and best able to ensure safe working conditions, so owner and contractor are held absolutely liable for any injuries caused by faulty safety equipment, or the absence of proper safety devices and precautions.
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Subcontractor Liability
A subcontractor's liability for the injuries of its employees on a construction site is also determined by the extent of the subcontractor's direction or control over the phase of the work that it is engaged in at the time. New York construction safety law imposes a duty on the owner or contractor of the construction work site that cannot be delegated, and hence liability not shifted, to the subcontractor unless direction, supervision, and control of the work on the site which gives rise to the injury passes to the subcontractor for that phase of the work. Headen v Progressive Painting Corp., 553 N.Y.S.2d 401 (1990).
Example:
A plaintiff ironworker is injured while on a job in an accident at a construction site owned by the defendant city. The defendant general contractor engaged a defendant subcontractor to perform painting and sandblasting work. The plaintiff was employed by the third-party subcontractor defendant. The plaintiff was at work burning steel on an elevated structure at site when a fire started in a bay area of structure. The plaintiff walked to the area and began to put out fire during which he slipped on a canvas, and fell 20 to 30 feet through an exposed opening, to the ground below, sustaining severe injuries. The subcontractor cannot be included among those liable for the injuries since he was not in control of the work on the site that gave rise to the injury of the plaintiff. Headen v Progressive Painting Corp., 553 N.Y.S.2d 401 (1990).
However, a subcontractor may be found liable for the injuries of workers using faulty scaffolding equipment, even when the subcontractor was not directing the work done by the workers on the scaffolds, if the subcontractor directed the workers to use the scaffolding provided by the subcontractor.
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Damages
Owners, general contractors, and their agents are absolutely liable for the damages resulting from unsafe scaffolding and protective devices on a construction site. Adimey v Erie County Indus. Dev. Agency, 652 N.Y.S.2d 724, 675 N.E.2d 459 (1996). Injured employees may seek damages for injuries suffered as a result of faulty, defective, or absent safety measures on scaffolding equipment on a construction site.
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Joint and Several Liability
Just like in other personal injury cases, for construction safety injuries New York law holds two or more defendants who are responsible for causing an injury jointly and severally liable for the damages of the injured plaintiff. Greenidge v. HRH Constr. Corp., 720 N.Y.S.2d 46 (2001). An injured party is free to seek 100 percent of the damages awarded to the plaintiff from any individual wrongdoer among joint wrongdoers.
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Building, Construction, Demolition, and Repair Work
New York law provides that all areas where construction, excavation, or demolition work is being performed must be equipped and arranged to provide reasonable and adequate protection and safety to employees working there or lawfully frequenting such places. N.Y. C.L.S. § 241(6). All owners and contractors and their agents must comply with these safety requirements. Just as in the New York Labor laws governing scaffolding construction, one and two-family dwellings owners who contract for but do not control the work performed by the contractor are exempt from liability under the statute. N.Y. C.L.S. § 241.
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Notice of Hazard
New York does not require that the owner and general contractor have actual or constructive notice of the hazardous condition that caused the injury. The owner and general contractor are vicariously liable under the law for providing a safe workplace without regard to their fault.
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Subcontractor Liability
Just as in the New York Labor laws concerning scaffolding, subcontractors are not liable under the building, construction, demolition, and repair work safety statutes unless the subcontractor was in control or direction of the phase of the work in which the injury arises. Russin v Louis N. Picciano & Son, 436 N.Y.S.2d 370 (1981). The general duty of safety owed by the owner and general contractor cannot be delegated to a third party unless control over the work has also been transferred.
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In all matters involving New York construction accident law it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the New York construction statute of limitations. If a loved one has been a victim of construction accident in New York, contact The Law Offices of Laub Delaney, LLP now, at (800) 683-1111 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the New York construction statute of limitations expires.
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