The law that applies to your claim
What “absolute liability” actually means
It is not a presumption or a shifted burden. Where §240(1) applies and its protections were not provided, the owner and general contractor are liable as a matter of law, and comparative negligence is not a defense. Very little in American injury law works this way.
It only covers elevation-related risk
The statute reaches injuries flowing from the application of gravity — a worker falling, or an object falling onto a worker — where a height differential existed and proper protection was absent. An injury on the same level, however serious, is outside it.
Non-delegable duty
Owners and general contractors cannot contract the duty away. It applies whether or not they supervised the work, and whether or not they were on site.
The two defenses that actually work
Defendants rarely argue the worker was careless, because that is not a defense. They argue one of two things instead.
Sole proximate cause: that adequate safety devices were available, the worker knew to use them and was expected to, and chose not to for no good reason. If the defense establishes that, the claim fails entirely. Recalcitrant worker: a narrower version — that the worker refused a specific instruction to use an available device.
Both collapse if the device was missing, defective, or unsuitable for the task. Which is why what was actually on site that morning matters more than anything said afterward.
Who is protected, and who is not
The statute covers those employed in erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure. Routine maintenance is not covered — and the line between a repair and routine maintenance is one of the most litigated questions in this area.
Owners of one- and two-family dwellings who do not direct or control the work are exempt. Commercial property owners are not.
Where this fits
§240(1) is one of three routes. Where the hazard is not elevation-related, the claim usually runs through Labor Law §241(6) and the Industrial Code instead, or through §200 and common-law negligence.
For the specific accident types §240 most often covers, see scaffold collapses, ladder failures and falling objects.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I was not wearing my harness. Does that end my claim?
Not if no anchor point was provided, or the harness was unsuitable for the work. It matters only where a proper device was available and you had no good reason not to use it.
Does §240 apply to residential work?
It can. The exemption covers owners of one- and two-family homes who do not direct or control the work. A contractor on that job is still subject to the statute.
How far do I have to fall?
There is no minimum. Falls of a few feet have been held covered where the height differential was significant relative to the task and the object or person involved.
