Property owners in New York can be held legally responsible for construction site injuries, even if they were not physically present at the site.
New York law provides powerful protections to construction workers, and in many cases, property owners share responsibility when serious accidents occur.
If you were injured on a construction site, understanding whether the property owner may be liable is critical to maximizing your compensation.
Why Property Owners Can Be Liable in New York
Unlike many other states, New York has strong labor laws that place significant responsibility on property owners to ensure construction sites are safe.
The property owner does not have to be present during the accident to be held liable. Even if a contractor or subcontractor was performing the work, the property owner may still be legally responsible under certain circumstances.
Key Laws That Hold Property Owners Accountable
Labor Law § 240 – “The Scaffold Law”
This law applies to gravity-related accidents such as:
- Falls from scaffolds or ladders
- Falls from heights
- Falling objects
If proper safety devices were not provided or were inadequate, property owners and general contractors can be held strictly liable.
Strict Liability means liability can apply even if the worker was partially at fault.
Labor Law § 241(6)
This law requires construction sites to comply with specific New York Industrial Code safety regulations.
If a safety rule was violated and that violation caused the injury, the property owner may be held responsible.
Common violations include:
- Unsafe scaffolding
- Lack of fall protection
- Improperly secured materials
- Unsafe excavation practices
Labor Law § 200
This section covers general workplace safety and is similar to traditional negligence.
A property owner may be liable if:
- A dangerous condition existed, and
- The owner had control over the work or had notice of the hazard
When Property Owners Are Most Likely to Be Liable
Property owners may face liability when:
- They failed to provide adequate fall protection
- Safety equipment was missing or defective
- The site was poorly maintained
- They retained control over how the work was performed
- They ignored known safety violations
Liability does not require the owner to be physically supervising the work.
Exceptions for Certain Homeowners
There is a limited exception for owners of one- and two-family homes who:
- Do not direct or control the work, and
- Are using the property for residential purposes
These homeowners may be exempt from certain Labor Law provisions.
However, this exception is narrow and fact-specific. Contact the Law Office of Steven Louros to see if this exception applies to your case.
Common Construction Site Injuries Involving Property Owners
- Scaffold and ladder falls
- Falls from roofs
- Falling debris
- Trench collapses
- Electrical accidents
- Structural collapses
- Crane accidents
Construction projects across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island often involve multiple contractors, making early investigation essential.
Workers’ Compensation vs. Lawsuit Against the Property Owner
Most injured construction workers receive workers’ compensation benefits.
However, workers’ compensation does not cover:
- Pain and suffering
- Full lost earnings
- Future lost earning capacity
A lawsuit against a property owner may allow recovery for these additional damages.
Time Limits Apply
- Most construction injury lawsuits must be filed within three years.
- If the property is publicly owned, a Notice of Claim may be required within 90 days.
Missing deadlines can permanently bar your claim. Don’t delay in contacting our office to ensure all deadlines are met.
Why These Cases Require Immediate Action
Property owner liability cases often involve:
- Complex construction contracts
- Insurance coverage disputes
- Safety logs and inspection reports
- OSHA investigations
- Expert engineering testimony
Preserving evidence early can significantly strengthen your case.
When to Contact a Lawyer
If you were injured on a construction site in NYC, it is critical to speak with an attorney as soon as possible.
You may be entitled to compensation for:
- Medical expenses
- Lost wages
- Future lost earnings
- Pain and suffering
- Permanent disability
As an experienced New York construction accident attorney, Steven Louros, Esq. carefully investigates construction site accidents to determine whether a property owner can be held legally responsible.
Why Choose the Law Office of Steven Louros for Your Case?
Multilingual Excellence:
- Native-speaking legal assistants from China and Korea
- Complete translation and interpretation services
- Cultural understanding that goes beyond language
- Community connections throughout NYC’s diverse neighborhoods
Comprehensive Legal Strategy:
- Immediate investigation and evidence preservation
- Relationships with medical specialists who understand cultural approaches to pain
- Expert witnesses who can counter insurance company arguments
- Aggressive negotiation backed by trial readiness
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- English
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Contact Information:
Phone: (212) 481-5275
Email: Use the contact form found here
Address: 1261 Broadway, Suite 507
New York, NY 10001
Office Hours:
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What to Expect:
- Free initial consultation in your preferred language
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- No pressure to hire us – the choice is always yours
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Call now for your free consultation: (212) 481-5275
Remember:
- You pay nothing unless we win your case
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- Time limits apply to filing claims
We fight to the end for clients across Manhattan, Brooklyn, Queens, The Bronx, Staten Island, and Long Island—providing personalized, results-driven legal care in the language you’re most comfortable speaking.
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The Law Office of Steven Louros has been serving New York City’s diverse communities with distinction, providing aggressive legal representation while respecting cultural values and overcoming language barriers. Our commitment to excellence and client service has made us the trusted choice for personal injury victims throughout NYC’s five boroughs and Long Island.
