New York has special provisions in its labor law that makes the owner and general contractor responsible for height related accidents (sometimes called the “scaffold law”) and for violations of our industrial code. But this section has been held by our Courts to only apply to workers at a construction site.
In the recent crane tragedies, some of the injured were not workers so they cannot avail themselves of the protection of this law. They have to bring a traditional common law negligence claim. However, that should not be difficult in proving. Aside from what appears to be negligence in not securing the cranes this class of plaintiffs should be able to reply on “Res Ipsa Loquitor” (literary – the thing speaks for itself) in proving their case against those responsible for putting up and securing the two cranes. In my view this is the kind of accident that could not have happened without the defendants’ negligence. When a Court applies a Res Ispa Loquitor doctrine to the case the burden shifts to the defendant to prove why he is not negligent. I can’t imagine how those responsible for securing the cranes are going to say that it wasn’t their fault – but you never know.
As for the workers, even if the same company that put up the crane and secured it employed them they would still have a claim against the owner of the building and the general contractor under our Labor Law – if it were not their employers. I make the distinction about it not being their employer because in New York like most States, an employee cannot sue their employer. An employee injured on the job receives worker’s compensation benefits instead of recovering in a lawsuit.
Hence, though the owner can make what is called a third party claim against the contractor responsible for securing the crane even if it is the worker’s employer. In effect these lawsuits say, “well if I am responsible under the Labor Law – your crane construction company was actually at fault, so indemnify me for what I have to pay to the injured workers and the families of the dead workers”. The law is designed so that the owners and the contractor make sure that all contractors at the site adhere to all safety codes to protect the workers. Unfortunately in these cases something went terribly wrong.
For legal answers to construction site injury accidents in New York, complete the form below for information from our panel of prominent experts:
Nicholas Papain – New York Personal Injury attorney specializing in construction site accidents and other related litigation matters
Robert Sullivan – Long Island / New York State Construction Accident Lawyer
Contributor – Nicholas Papain – New York Personal Injury Attorney and NYC Construction Accident Lawyer