US-New YorkIs the Scaffold Law (Labor Law § 240) absolute liability?
Yes, Labor Law § 240(1) imposes absolute liability on owners and contractors for gravity-related injuries when safety devices are not provided or fail — no proof of negligence or fault is required.
What the Law Says
New York’s Scaffold Law, codified in Labor Law § 240(1), establishes a unique form of strict liability for certain elevation-related hazards on construction worksites.
Labor Law § 240(1) requires owners, contractors, and their agents to provide proper safety equipment — such as scaffolds, hoists, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices — to protect workers from gravity-related risks during construction, demolition, or repair work.
The law applies only when the injury results from the failure of such protective devices — or their absence — and is directly tied to elevation differentials (e.g., falling from height or being struck by a falling object). It does not cover routine workplace slips, trips, or non-elevation hazards.
Critically, liability under § 240(1) is 'absolute' — meaning plaintiffs need not prove negligence, breach of duty, or foreseeability. If the statutory conditions are met and the injury flows from a gravity-related hazard, liability attaches regardless of whether the defendant exercised reasonable care.
Statutory TextAll 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, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such work, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
— Labor Law § 240(1) — Protection of workers from elevation-related hazards
What Courts Have Said
New York courts have consistently affirmed that § 240(1) creates a non-delegable, strict liability standard — not ordinary negligence — and narrowed its scope to gravity-specific harms.
Held that § 240(1) applies only where the harm stems from the application of physical forces due to gravity — not general workplace hazards — and reaffirmed that liability is absolute when the statute’s conditions are satisfied.
Clarified that § 240(1) does not require proof of negligence; instead, it imposes liability if the plaintiff shows (1) they were engaged in a covered activity, (2) the statute’s protective devices were inadequate or absent, and (3) the injury was caused by a gravity-related risk.
What to Do
If injured while working at elevation in New York, immediately document the scene, equipment used (or missing), and witness statements.
File a claim within 3 years of the injury — the statute of limitations for Labor Law § 240 actions.
Consult an attorney experienced in Labor Law § 240 claims — success depends on precise factual alignment with the statute’s gravity-related requirements.
Preserve all evidence: photos of scaffolding/ladders, work orders, safety logs, and medical records linking injury to elevation hazard.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.