The law that applies to your claim
The falling-object half of §240(1)
The statute protects against objects falling because they were being hoisted or required securing for the purpose of the work. Where a load, material or tool falls because it was inadequately secured or improperly hoisted, absolute liability can apply exactly as it does to a falling worker.
Industrial Code 23-1.7(a) — overhead hazards
Areas where workers are normally exposed to falling material must be provided with suitable overhead protection — planking or a tight shelter of specified thickness.
23-2.1 — storage of material
Material and equipment must be stored so it is stable and does not obstruct passageways. Material stacked at an edge, or on an unsecured surface above workers, is the common violation.
Not every falling object qualifies
This is the distinction that decides these cases. §240(1) reaches objects that fell because a securing or hoisting device was absent or inadequate. It does not reach every object that happens to fall.
A brick knocked off a ledge by a passing worker is usually not a §240 case; the same brick falling from a load being hoisted without a proper sling generally is. Where §240 does not apply, the claim runs through §241(6) and the Industrial Code instead — which is why both are pleaded.
What falls
- Loads slipping from cranes, hoists and material lifts
- Material stacked near an unguarded edge or opening
- Tools dropped from scaffolds and upper floors
- Formwork, rebar and shoring collapsing during a pour
- Debris during demolition and cutting
- Buckets and equipment falling from lifts
Hard hats do not end the claim
The standard defense is that a hard hat was worn or should have been. A hard hat is rated for limited impact; it is not designed to stop a load falling several stories.
What matters is why the object was unsecured: the rigging used, whether a tag line was employed, whether the area below was barricaded, and whether overhead protection was required and provided.
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 object fell from a crane load.
That is close to the core of the falling-object claim — a load being hoisted that was inadequately secured. See also crane accidents.
I was wearing my hard hat.
Good, and it does not reduce the claim. The question is why an object was allowed to fall on you at all.
The area was not barricaded.
Failure to barricade or provide overhead protection where workers are exposed to falling material is precisely what 23-1.7(a) addresses.
