Quick Facts

'The Scaffold Law imposes liability even on contractors and owners who had
nothing to do with the plaintiff's accident"
- Court of Appeals Judge Robert Smith
WHAT IS IT?
The Scaffold Law, (Labor Law 240/241) was first enacted in the late 19th century. It holds property
owners, employers, and contractors ABSOLUTELY LIABLE for 'gravity related' injuries that happen
on the job. That means there is virtually no defense from a lawsuit, even if the worker's gross
negligence contributed to the accident. Even parties that had no supervisory control over the work
are held liable. New York is the only state that still keeps this law on the books.

FACTS:
x IIIinois repeaIed its ScaffoId Law in 1995, and construction
empIoyment rose 25%, from 211,000 in 1994 to 265,000 in 2000.
SimuItaneousIy, construction reIated fataIities decreased by 30%.
x New York's generaI IiabiIity insurance costs are between 300%
and 1,200% higher than other states because of the ScaffoId Law.
x The number of carriers that write generaI IiabiIity poIicies in NY is
decIining.
x The number of ScaffoId Law cases has increased 66% since 1998,
even though the rate of injury has decreased. Lawsuits are the
main driver of higher insurance premiums.
x The ScaffoId Law adds about $10,000 to the cost of the average new home.
x Reforming the Iaw wouId reduce the cost of virtuaIIy every construction project, saving taxpayer
doIIars, creating jobs, and spurring deveIopment.
x Reforming the ScaffoId Law wouId not prevent injured workers from suing for their injuries.

COURT DECISIONS:
x Kin v. State of New York (January 2013)
State was heId fuIIy IiabIe for bridge worker's negIigence which resuIted in injury (Syracuse)
x Wilinski v. 334 East 92nd Housing Development Fund Corp. (October 2011)
Extends IiabiIity to "same-IeveI" in which faIIing objects are appIicabIe under the Iaw (NYC)
x Runner v. New York Stock Exchange (June 2009)
Court interpreted the Iaw to cover aII injuries that resuIted from the appIication of the force
of gravity, rather than simpIy faIIs from height. (NYC)