The year was 1885. Brooklyn was still its own city, American industry was booming, and buildings in New York were rising rapidly. But there was a major problem—construction workers were dying.
Injuries and deaths on construction sites were common. Newspapers regularly reported on incidents caused by defective scaffolds, ladders, and other platforms. In response, the New York State legislature passed its first scaffold law, aiming to protect construction workers who were exposed to the dangers of working at heights. This early law introduced the concept of absolute liability: owners and contractors were held strictly responsible if they failed to provide adequate safety devices for workers facing gravity-related risks, such as falls or falling objects.
Fast forward to the mid-20th century—New York was experiencing another building boom. Skyscrapers transformed the skyline, but with progress came peril. Once again, workers were suffering and dying from height-related accidents. In 1969, the legislature responded by amending Labor Law § 240(1), shifting the responsibility for site safety squarely onto those best positioned to ensure it: property owners, contractors, and their agents.
This amendment replaced vague earlier language and made clear that owners (with the exception of certain homeowners) and contractors were strictly liable when workers were injured in gravity-related accidents due to inadequate safety measures. It also specified which types of activities were protected—erection, demolition, repairing, painting, cleaning, etc.—and listed safety devices such as scaffolds, hoists, ladders, ropes, and pulleys that must be provided and properly operated to protect workers.
Now, in 2025, construction in New York remains a dangerous profession. In 2022, 24 construction workers died on the job—up from 20 in 2021—despite construction making up only 3.1% of all jobs in the city. Yet, it accounted for over a quarter of all occupational fatalities. Across New York State, construction consistently makes up about 20% of all job-related deaths, and its fatal injury rate is over three times the state average.
Despite lobbying efforts by industry groups to weaken or repeal Labor Law 240(1), the statute remains intact. Absolute liability is still its core principle. If a worker is injured in a gravity-related incident – whether from a fall or being struck by a falling object – and proper safety devices are not in place, the responsible owner or contractor is held strictly liable. New York courts have consistently upheld this interpretation, focusing on the question: were adequate safety devices provided, and did their absence cause the injury?
Construction unions view Labor Law 240(1) as essential for worker protection. Attempts to dilute it by introducing comparative negligence have repeatedly been met with strong resistance from organized labor. Such changes would shift the burden of safety from owners and contractors back to the individual worker—undermining the very reason the law was created in the first place.
Critics who push for comparative negligence misunderstand the law’s purpose. Construction workers do not design job sites, choose safety equipment, or create safety plans—owners and contractors do. They are the ones with control over safety standards and should be held accountable when those standards are neglected.
Ultimately, Labor Law 240(1) is not just a statute, it’s a life-saving policy. It ensures that construction workers, who face some of the most dangerous conditions in any profession, are afforded the highest level of protection from gravity-related harm.
The Hon. Mark I. Partnow, J.S.C (Ret.) and Sagar Chadha, Esq. are Senior Partners at Liakas Law, P.C. Judge Partnow is a member of the firm’s Trial Department, and Mr. Chadha is the Chair of the firm’s Labor Law (Construction Accidents) Department. Liakas Law, P.C. is a family-run and community-based law firm, for additional information contact (212) 937-7765.
