Who is Liable for a Construction Accident in New York: Employer, Contractor, or Property Owner? 

At David Resnick & Associates, P.C., our New York City personal injury attorneys know construction sites are inherently dangerous, and accidents can result in serious injuries or fatalities.

Determining who is liable for a construction accident in New York is often complex, as multiple parties may bear responsibility, including the employer, contractor, subcontractor, property owner, or other parties involved in the project. Here, we discuss when each party may be liable.

When Are General Contractors and Subcontractors Liable for Construction Accidents in New York?

The general contractor on a construction site typically bears significant responsibility for ensuring the safety of the entire site. General contractors are often tasked with overseeing the project, hiring subcontractors, and ensuring all safety regulations are followed.

In New York, general contractors can be held liable for construction accidents under several circumstances:

• Failure to Follow Safety Standards: If the general contractor fails to comply with safety regulations set forth by the Occupational Safety and Health Administration (OSHA) or New York’s labor laws, they can be held liable for injuries caused by their negligence.
• Inadequate Supervision: General contractors are responsible for supervising the work and ensuring workers are provided with the necessary safety equipment, such as harnesses, helmets, and proper scaffolding. Failure to do so can result in liability if an accident occurs due to insufficient supervision.
• Contractual Obligations: If the general contractor assumed responsibility for site safety under the terms of their contract, they could be held liable for accidents resulting from unsafe conditions.

General contractors hire subcontractors to perform specific tasks, such as electrical work, plumbing, or carpentry. They are responsible for maintaining the safety of their work areas and ensuring that their employees follow safety protocols.

Subcontractors can be held liable if:

• They create hazardous conditions: If a subcontractor’s negligence, such as improper equipment installation or failure to secure materials, leads to an accident, they can be held responsible for the resulting injuries.
• They fail to follow safety regulations: Like general contractors, subcontractors are required to follow safety standards and provide their workers with necessary safety gear.

In New York, property owners can also be held liable for construction accidents, particularly under Labor Law § 240 (the Scaffold Law) and Labor Law § 241(6). These laws impose significant duties on property owners to maintain safe construction sites.

Under the Scaffold Law, property owners (and contractors) are held strictly liable for gravity-related accidents, such as falls from scaffolding, ladders, or elevated platforms, and injuries caused by falling objects. This means that property owners can be held liable regardless of whether they were directly involved in the day-to-day operations of the construction site.

Labor Law § 241(6) imposes specific safety requirements on property owners and contractors. This law mandates that construction sites comply with various safety rules set by the New York Industrial Code. Property owners can be held liable for accidents caused by violations of these safety standards, even if they were not involved in the construction work.

When Are Employers Liable for Construction Accidents in New York?

In many cases, an injured worker’s direct employer may be liable for the accident, but this liability is often limited under New York’s workers’ compensation system. Workers’ compensation laws protect employers from lawsuits in exchange for providing injured employees with benefits such as medical expenses and lost wages. As a result, injured workers typically cannot sue their employer directly, even if the employer’s negligence contributed to the accident.

Workers’ compensation is a no-fault system, meaning employees are entitled to benefits regardless of who caused the accident. However, workers’ compensation only covers economic losses, such as medical bills and lost wages. It does not compensate for non-economic damages like pain and suffering.

While employees cannot usually sue their employer if they receive workers’ compensation benefits, they may be able to pursue legal action against other parties, such as general contractors, subcontractors, or property owners.

When Are Third Parties Liable for Construction Accidents in New York?

Other third parties may also be liable for a construction accident in addition to the parties directly involved in the construction project.

These parties may include:

• Manufacturers of Defective Equipment

If the accident was caused by a defective tool, machine, or piece of equipment, the manufacturer, distributor, or supplier of the faulty equipment can be held liable under product liability laws. For example, if a scaffold collapses due to a manufacturing defect, the injured worker can file a claim against the manufacturer.

• Architects and Engineers

Architects and engineers involved in designing and planning the construction project may also be held liable if their negligence in creating faulty designs or failing to oversee compliance with safety standards contributes to the accident.

• Site Managers or Safety Inspectors

Construction sites are often overseen by site managers or safety inspectors responsible for ensuring safety protocols are followed. If a safety inspector or site manager fails to identify hazards or enforce safety rules, they may be held liable for accidents resulting from their negligence.

Determining liability in a New York construction accident can be challenging, as multiple parties may share responsibility. Understanding who is liable and working with our experienced personal injury attorneys can help injured workers maximize their recovery after a construction accident.

Contact Our New York Personal Injury Lawyer at David Resnick & Associates, P.C.

Contact the New York personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

There is never a charge to speak with our skilled New York City injury attorneys. If your case qualifies to move forward, we will handle every aspect from start to finish without charging any upfront or out-of-pocket fees. You will pay nothing for our elite personal injury attorney services unless we win your case. That is a promise.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.