Construction Site Injuries in New York

New York's 'scaffold law' (Labor Law § 240(1)) requires all contractors and owners and their agents doing building erection, demolition, repair, alteration, painting, cleaning or pointing to furnish or erect scaffolding, hoists, ladders and other devices constructed, placed and operated so as to give proper protection to workers; owners of one- and two-family homes who contract for but do not direct or control the work are excepted. Labor Law § 241(6) requires contractors and owners in construction, demolition and excavation to provide reasonable and adequate protection and safety to workers and to comply with the Labor Commissioner's rules, with the same homeowner exception. These duties run against owners and contractors, while the injured worker's own employer is generally protected by the workers' compensation exclusive remedy.

Pure comparative fault in most cases. In actions for personal injury, property damage or wrongful death, the injured person's own culpable conduct (including contributory negligence or assumption of risk) does not bar recovery, but damages are reduced in proportion to that person's share of the fault. Exception: in personal injury cases covered by New York's no-fault auto insurance law (Insurance Law article 51), the injured person cannot recover at all if his or her share of fault is greater than that of the defendant (or of all defendants combined).

Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims).