Edelman & Edelman, P.C.
212-235-1197
Over $300,000,000 Recovered For Our Clients

Will lawmakers change New York's Scaffolding Law this year?

Given that New York has one of the toughest scaffolding laws in the country, it is no surprise that many business associations, property owners and large contractors are constantly trying to get this law amended or eliminated, particularly since it has the potential to impact their bottom line. This year, however, they might get their wish as lawmakers recently introduced legislation that will, if passed, change this century-old law.

Sadly, while many property owners may welcome changes to New York's Scaffolding Law -- otherwise known as New York Labor Law §240 -- you can bet that these proposed amendments will not necessarily be good news for the people this statute is meant to protect: construction workers.

Current Scaffolding Law vs. Proposed Scaffolding Law

Under New York's current Scaffolding Law, all general contractors and property owners are required to provide construction workers with properly installed safety equipment -- including scaffolding -- when they are building, demolishing, repairing or simply painting a building. Because of this law, construction workers injured in a work-related fall may be able to hold the general contractor or property owner liable. In many cases, it may be their best avenue of legal recourse.

However, it is important to note that there are certain property owners that are exempt from New York's existing Scaffolding law, including owners of one- and two-family dwellings who "contract for but do not direct or control the work." According to New York case law, the idea behind these exceptions is to protect property owners who may lack business sophistication and are therefore unaware of the need to obtain insurance to cover the liability imposed by the statute.

But, if the recently proposed bill (AB 1602) is passed, there will be more exceptions to this law, including property owners of multiple dwellings, who may not share the same "lack of sophistication" problem as their single-dwelling counterparts.

While it is not clear what this amendment hopes to achieve, if it becomes law, one thing is certain: many injured construction workers will have fewer legal options available since fewer construction projects will fall under the protection New York's Scaffolding Law.

No Comments

Leave a comment
Comment Information

Client Testimonial Video

Watch a quick video to hear the story of one of our clients:

View More Videos: VIDEO CENTER
Super Lawyers
Edelman & Edelman, P.C. Attorney at Law BBB Business Review
National Brain Injury Trial Lawyers Association: Top 25 Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence | 2017 Multi-Million Dollar Advocates Forum The National Trial Lawyers | Top 100 trial lawyers 10 Best Attorneys | American Institute of Personal Injury Lawyers

Call 212-235-1197 or contact us below to find out how we can help.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Schedule Your Free Consultation With A Lawyer

For construction accidents, personal injury and wrongful conviction claims, you will not find a more qualified legal team than Edelman & Edelman, P.C. We invite you to contact us to schedule a no-obligation initial consultation where you can learn more about how we can help you.

Please call 212-235-1197 or contact us via email to arrange an appointment.

Edelman & Edelman, P.C.
61 Broadway | Suite 2220 | New York, NY 10006

Phone: 212-235-1197 Fax: 212-943-0001