Defective Ladder Lawsuits in New York: Your Rights

NY Labor Law §240, known as the Scaffold Law, requires property owners and general contractors to provide safe ladders and fall-protection equipment for workers performing elevation-related tasks. Liability is absolute: if a defective or improperly secured ladder causes a fall, the owner and contractor are fully responsible regardless of any alleged worker negligence. This protection applies to construction, repair, and renovation work on any building or structure in New York.

Under NY Labor Law §240, property owners and general contractors face absolute liability for defective ladder injuries on construction sites. The ladder manufacturer may also be sued under product liability theories if a design defect, manufacturing defect, or failure to warn caused the injury. In some cases, subcontractors who supplied or inspected the ladder can share responsibility under §241(6) or common-law negligence.

No. New York’s absolute liability rule under §240 means that even if your employer was responsible for selecting or maintaining the ladder, the property owner and general contractor remain fully liable. Workers’ comparative negligence is not a defense to a §240 claim — courts have consistently held that the statute places the entire burden of fall prevention on owners and contractors, not workers.

Yes. Immigration status is irrelevant to a construction injury claim under NY Labor Law. Undocumented workers have the same right to sue under §240, §241(6), and §200 as any other worker. New York courts have consistently held that immigration status cannot be used to reduce damages or bar recovery in a personal injury case.