If an accident was preventable, it means someone is liable. New York State’s first scaffold law was passed in 1885. The modern version of the New York Labor Law (Sections 240 and 241) explicitly “imposes absolute liability on contractors and work site owners who neglect to provide adequate safety regulations and devices to protect workers from falls and falling objects.”

Employers are directly responsible for worker safety. They are liable for creating comprehensive, updated safety programs and scheduling regular site inspections for fall hazards and proper scaffold use. Employees should be given appropriate tasks related to their training and skill level.

The term “absolute liability” is important for several reasons. First, it means that workers who contributed to their own accidents in some way will not see reductions in their claim for injury. Second, it also extends liability beyond the employer to general contractors, project owners, scaffolding manufacturers, and scaffolding installers.