If I’m injured in a New York construction site what proof would I need to show liability?
If you are injured on a construction site, New York has special laws that protect you; Labor Law section 200, 240, and 241, depending on your activity. New York Labor Law section 200 is basically a negligence section that applies to construction and demolition sites.You still have to show negligence upon the negligent party, whether it be another contractor, the general contractor, or the owner of the property.
Section 240 of the New York State Labor Law puts absolute liability upon the owner of a property to keep a workplace safe. Basically applies to any accident that happens in which it is height related, whether it be on a ladder, a scaffold. As long as it is height related, 240 of the Labor Law puts absolute liability for the safety of workers upon the landlord of the property.
Section 241 of the Labor Law puts absolute liability upon the landlord or the general contractor, but you must prove an industrial code violation. Without an industrial code violation, there is no absolute liability, and then you would have to prove negligence and your claim would be under section 200 of the Labor Law.