Injured in a ladder fall in New York? Call Attorney Michael Siddons for a FREE consultation: (610) 255-7500. No fee unless we win.
Experienced New York Ladder Accident Lawyer
New York is the most favorable state in the United States for injured ladder workers. The reason is Labor Law §240 — known as the Scaffold Law — which imposes absolute liability on property owners and general contractors when a worker engaged in construction-related work is injured by an elevation-related hazard. Combined with Labor Law §241(6) and Labor Law §200, this statutory framework gives injured New York workers the strongest legal tools in the country to recover full damages after a ladder fall. Attorney Michael Siddons represents injured New York ladder clients under all three Labor Law provisions and under New York’s product-liability and premises-liability frameworks.
The firm serves injured clients across New York — New York City (Manhattan, Brooklyn, Queens, Bronx, Staten Island), Long Island (Nassau and Suffolk), the Hudson Valley (Westchester, Rockland, Orange, Dutchess, Putnam, Ulster), the Capital District (Albany, Schenectady, Rensselaer, Saratoga), Central New York, the Southern Tier, and Western New York. All New York ladder cases are handled on contingency.
New York Ladder Accident Laws
Labor Law §240 — The Scaffold Law. Labor Law §240(1) imposes absolute liability on property owners (other than owners of one- and two-family homes not directing the work) and general contractors for elevation-related injuries suffered by workers engaged in erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure. If an improperly secured, defective, or otherwise inadequate ladder contributes to a worker’s fall, §240 liability attaches regardless of the worker’s own conduct — subject only to a narrow “sole proximate cause” defense. Courts have applied §240 to ladder cases involving unsecured ladders, ladders placed on slippery or uneven surfaces, ladders with failed locking mechanisms, and ladders that were the wrong type or size for the job. A worker’s comparative fault is not a defense to §240. Contributory negligence is not a defense to §240. The statute is enforced strictly in favor of the injured worker.
Labor Law §241(6). Labor Law §241(6) creates a separate liability framework that ties to specific violations of New York’s Industrial Code (12 NYCRR Part 23). For ladder cases, relevant Industrial Code provisions include §23-1.21 (general ladder requirements), §23-1.21(b)(4) (ladder placement on stable surfaces), and §23-1.21(e) (extension ladder positioning). Unlike §240, §241(6) is subject to comparative fault. Cases commonly plead both §240 and §241(6) in the alternative.
Labor Law §200. Labor Law §200 codifies the common-law duty of owners and contractors to provide workers a safe place to work. A §200 claim requires proof that the defendant had actual or constructive notice of the dangerous condition (means-and-methods cases are different and require control). §200 is subject to comparative fault.
Strict Product Liability. New York recognizes strict product liability for manufacturing, design, and warnings defects. Ladder defects — failed welds, defective spreader bars, substandard rung attachments, missing or inadequate warnings — are actionable against manufacturers, distributors, and retailers.
Workers’ Compensation Exclusivity. New York workers’ compensation is exclusive against the direct employer (Workers’ Compensation Law §11), but it does not bar Labor Law §240, §241(6), or §200 claims against the property owner or general contractor. A worker injured on a construction ladder in New York can pursue a workers’ comp claim and a Labor Law third-party action simultaneously.
Statute of Limitations. Three years from the date of the accident for personal injury, product liability, and Labor Law §240/241(6)/200 claims (CPLR §214). Two years from the date of death for wrongful death (EPTL §5-4.1). Workers’ comp notice to the employer must be given within 30 days.
Comparative Negligence. New York follows pure comparative negligence (CPLR §1411) — you can recover even if your share of fault is 99%, with damages reduced proportionally. Comparative fault is not a defense at all to Labor Law §240 claims.
Types of New York Ladder Accident Cases We Handle
We handle the full range of New York ladder cases: construction-site Labor Law §240 claims against property owners and general contractors; §241(6) claims tied to Industrial Code violations; product liability claims against ladder manufacturers and retailers; warehouse and industrial ladder injuries; falls from rolling stock-picker ladders; telecom, cable, HVAC, and utility worker falls; retail and grocery stocking falls; wrongful death actions for families of workers killed in ladder falls; and non-construction premises cases against commercial property owners.
Compensation Available in New York Ladder Cases
New York ladder cases — particularly §240 cases — recover the full measure of damages: past and future medical expenses; past and future lost earnings; loss of earning capacity; pain and suffering; loss of enjoyment of life; permanent disability and disfigurement; loss of consortium for a spouse; punitive damages where the conduct was reckless; and wrongful death damages under EPTL §5-4.3 for families of workers killed in a ladder fall. New York §240 verdicts and settlements often exceed workers’ compensation benefits by an order of magnitude or more because the statute removes the comparative-fault discount that would otherwise apply.
Frequently Asked Questions
Am I covered by the Scaffold Law?
Labor Law §240 covers workers engaged in erection, demolition, repair, alteration, painting, cleaning, or pointing of a building or structure. Covered workers include construction workers, painters, demolition crews, window washers on commercial buildings, and similar trades. Owners of one- and two-family homes who do not direct the work are exempt. Routine maintenance (as distinguished from “repair” or “alteration”) is often litigated and depends on specific facts.
What does “absolute liability” mean under §240?
It means the property owner and general contractor are liable when a §240 violation proximately causes the injury, regardless of whether the injured worker was also careless. Comparative fault is not a defense. The only defense is “sole proximate cause” — that the worker’s own conduct was the sole cause of the accident — and New York courts apply that defense narrowly.
How long do I have to file a New York ladder accident lawsuit?
Three years from the date of the accident for personal injury, product liability, and Labor Law claims. Two years from the date of death for wrongful death. If the defendant is a municipal entity or the City of New York, shorter notice-of-claim deadlines apply — often 90 days — so involve an attorney quickly.
What if I fell from a homeowner’s ladder doing residential work?
Single-family and two-family homeowners who do not direct the work are exempt from §240. But other theories — product liability against the ladder manufacturer, negligence against a general contractor who supplied the ladder, and premises liability for unsafe conditions on the property — may still apply.
Does my own fault reduce my recovery?
In a §240 claim, no — the Scaffold Law eliminates comparative fault as a defense. In §241(6), §200, negligence, and product liability claims, New York’s pure comparative negligence rule reduces your recovery by your percentage of fault but does not bar it entirely, no matter how high your share.
Ready to Fight for Your Rights?
Contact Siddons Law Firm today for your FREE New York ladder accident consultation. Call (610) 255-7500. We serve injured clients across New York. No fee unless we win.