When a personal injury occurs as a result of falling from scaffolding at a residence in the City of Buffalo, whether the injured party may proceed against the homeowner is governed by New York Labor Law section 240.
Labor Law section 230[1] applies to cases involving a person hired to work in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure. It requires that all contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices. All of these devices must be constructed, placed and operated as to give proper protection to the person so employed.
As a result, if the owner of a one or two family residence has contracted out for work on the residence, he or she is not responsible for failure to properly set up, maintain or operate scaffolding, so long as the owner does not direct or control the work. The responsibility instead falls on the contractor for any injury caused by a fall from improperly constructed, placed or operated scaffolding.
This section of law also protects professional engineers, architects and landscape architects who do not direct or control the work for activities other than planning and design from absolute liability for an injury caused by scaffolding. This exception, however, does not eliminate liability for these individuals arising under the common law.
If you have suffered a personal injury in a fall and have any questions, we would be happy to help you. Call us at 716-542-5444.
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