Content reviewed by:
Alex Shulman
Parties who can be liable for a scaffold collapse in New York include property owners, general contractors, subcontractors, and even scaffold manufacturers. New York state laws dictate that all parties interacting with scaffolds have a legal obligation to ensure that they’re safe to use.
If you’ve recently been injured by collapsing scaffolding, you have the right to demand compensation for your losses. We encourage you to get in touch with a New York City scaffolding accident lawyer so you can discuss liability and your right to financial support.
Why Does Scaffolding Collapse?
Scaffolding in New York tends to collapse when someone’s inattention or deliberate negligence leaves it unstable or poorly secured. Weak and stable structures can fall victim to dangerous weather or, unfortunately, even regular use. Additionally, a lack of guardrails and appropriate safety equipment may put workers at greater risk for falls from scaffolding.
Additionally, our New York City workers’ compensation lawyers know that site managers who overload scaffolding can put their employees at risk and cause deadly accidents.
When scaffolds collapse in New York, the scaffolds themselves are only part of the danger. An insecure scaffold can lead to falls from dangerous heights while also putting site workers, pedestrians, and motorists at risk of being hit by falling objects. The more effort goes into securing a scaffold, the safer everyone around that infrastructure becomes.
Who’s Responsible for a Scaffold Collapse in New York?
Because New York City sees so much construction on an annual basis, there are specific statutes in place designed to help victims of scaffolding collapses take legal action against liable parties. For instance, New York Labor Law 240 states that contractors, property owners, and employers must ensure the safety of scaffolding.
This statute is more colloquially known as the state’s scaffolding law. You can invoke it to name parties like the following responsible for your losses, so long as you have evidence indicating that these parties put you in harm’s way:
Property Owners
The person who owns the property that requires scaffolding must take responsibility for scaffolding’s safety before allowing construction teams to use it. Per New York law, property owners must ensure that the scaffolding has been appropriately installed and that employees have access to property safety equipment. Their failure can make them liable for collapses.
General Contractors
General contractors oversee construction projects involving scaffolding and have a legal responsibility to ensure that workers not only have access to safety equipment but that they use that equipment appropriately. General contractors must also take action if scaffolding appears dangerous or inappropriately installed.
Subcontractors
Subcontractors working on scaffolding in New York may not send staff members onto scaffolding that appears unsafe or inappropriately installed, nor may they conduct their specialized work without the appropriate safety gear. Any recklessness on a subcontractor’s part can result in a scaffolding collapse.
Can You Hold Manufacturers Responsible for a Scaffolding Accident?
You may circumstantially have the right to name a scaffolding’s manufacturer or rental company liable for a scaffold collapse in New York, depending on what evidence of negligence you can submit for consideration.
If you can provide proof that a manufacturer released a scaffold with loose fasteners, incomplete platforms, or fractured supports, you can demand that they pay for your recovery.
Likewise, if a scaffolding rental company offers you access to a scaffold with worn-out materials or inappropriately maintained braces, that rental company can assume liability for scaffolding-related accidents. Evidence can make or break these cases, so make sure you connect with an attorney if you want to thoroughly investigate your recent accident.
How to Recover After a Scaffolding Accident in New York
Once you know who you can hold liable for a scaffold collapse in New York, you can decide how you want to financially recover from your losses. Working with a New York scaffolding accident lawyer allows you to file an official accident report discussing the severity of an accident, as well as your losses.
We can supplement that report with concrete evidence indicating that the scaffolding was unsafe to use, be that reports from manufacturers, witness statements, medical records, or assessments of your accident scene. We can then compile that evidence into a request for benefits and compensation.
Our legal team can work with you to move forward with a workers’ compensation claim or a third-party personal injury lawsuit, depending on who you name liable for your losses and how you want to financially recover. The sooner you book a free case consultation with our team, the sooner we can help you determine your best path forward.
It’s Time to Call Shulman & Hill
New York state has established specific statutes to make it easier for accident victims to assign responsibility for scaffolding accidents. If you’ve been injured by someone else’s negligence and fell victim to collapsing scaffolding, you can work with an attorney to invoke those statutes and demand compensation for your losses.
At Shulman & Hill, our scaffold collapse lawyers in New York City are on your side and ready to help you with filing claims or personal injury lawsuits. We can break down your right to action, defend assertions of liability, and then demand the financial support you need to overcome the cost of your recovery.
We know who the law allows you to hold liable for a scaffold collapse in New York. Contact us today to learn more about your right to recover.