The law that applies to your claim
Industrial Code 23-5 — scaffolding
Sets out requirements by scaffold type: minimum planking widths, safety railings on platforms above specified heights, footing and bracing, and load capacity. A violation supports both a §241(6) claim and, where a fall or collapse follows, the §240(1) claim.
23-1.15 — safety railing specification
Where a railing is required it must meet a defined standard: a top rail roughly 42 inches above the platform, an intermediate rail, and a toeboard. A rope strung across posts is not a compliant railing.
The collapse speaks for itself
A scaffold that fails under the load it was built to carry is close to conclusive proof that proper protection was not provided. The defense usually shifts to misuse or overloading.
The failures we see
- Planks that were too few, too narrow, unsecured, or spanned too far
- Missing or non-compliant guardrails and toeboards
- Inadequate footing — mud, uneven ground, unbased legs, missing mudsills
- Scaffolds not tied to the structure, tipping under load
- Overloading with material beyond rated capacity
- Baker and rolling scaffolds moved with a worker still on the platform, or with unlocked casters
- Suspended scaffolds with defective cable, rigging or hoists
Photograph it before it is struck
Scaffolding is temporary by definition. The one that failed will often be dismantled and gone within days, and no photograph will exist of the missing plank or the absent rail.
What preserves the claim: photographs of the scaffold as it stood, the erection and inspection tags, the identity of the erecting subcontractor, delivery and rental records showing what components were actually supplied, and witness names before the crew moves to another job.
Related claims
A scaffold fall is normally pleaded under §240(1), with an Industrial Code claim under §241(6) in the alternative. Where material fell from the scaffold onto someone below, see struck-by-object claims.
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
The scaffold was built by another subcontractor.
That does not matter to your claim. The owner and general contractor carry a non-delegable duty regardless of who erected it, and the erecting contractor may be liable as well.
I was only a few feet up.
There is no minimum height under §240(1). What matters is whether a height differential existed and whether proper protection was provided.
They say I overloaded it.
That is the standard defense. Rated capacity, what was actually stacked on the platform, and whether anyone was supervising the load are all examined — and an overloaded scaffold is often an understaffed job, not a careless worker.
