The cases come in patterns: tool drops, material falls, form failures, debris during demolition, crane and hoist load drops, window and glass falls, and falling overhead structures.
§240 equally protects workers struck by falling objects. For a falling object case: (1) the object fell while being hoisted, secured, or stored; (2) the object required securing because of the work being performed; (3) adequate protective devices were either not provided or were inadequate. If those elements are met, §240’s absolute liability applies.
The chain of liability typically includes the property owner, general contractor, the subcontractor whose work produced the falling object, the rigger or hoist operator if the object fell during a lift, and equipment manufacturers in product liability claims.
Falling object injuries include traumatic brain injuries, skull fractures, cervical spine injuries, crush injuries to limbs, lacerations, internal organ injuries, eye injuries, and fatal injuries.
Steps after a falling object accident: get medical care, tell the doctor what hit you, report the accident in writing, photograph the object and scene, get witness names, save your hard hat, call a lawyer before signing anything.
Damages include medical, lost wages, pain and suffering, loss of consortium, wrongful death. Prior results do not guarantee a similar outcome.
Falling object cases turn on operational details: the hoisting plan, the exclusion zone, storage of materials, pace of demolition, and prior incidents. These are operational questions a developer asks first.
In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.
It can be. Labor Law §240(1) covers being struck by an object that should have been secured against gravity — material stored at a height, a hoisted load, or a tool left unsecured on a scaffold. Where the object didn’t require securing against gravity, §241(6) and §200 apply.
No. A hard hat is basic PPE, not a substitute for securing loads and material overhead. Being injured despite a hard hat doesn’t reduce the owner’s and GC’s duty to keep objects from falling.
Yes. Missing toe-boards, debris netting, or overhead protection are exactly the safeguards the law requires, and their absence supports your claim under §240(1) and/or §241(6).
Yes. New York allows undocumented construction workers to recover, including for lost earnings. Immigration status is not a defense.
Usually three years; 90 days for a notice of claim on a public job.
