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The Scaffold Law · Absolute Liability

Ladder Accident Lawyer in New York City

Ladders look simple. Ladder cases are not. The defense will almost always argue the worker fell because of their own carelessness. Labor Law §240 was specifically written to defeat that argument. When a ladder fails, slips, kicks out, or proves inadequate for the task, the contractor and owner are liable.

Amparo Law Firm represents workers injured in ladder accidents on construction sites across the five boroughs and Long Island.

The patterns: ladder kicks out at the base, ladder slips at the top, defective ladder, ladder too short, ladder collapse, wrong ladder for the job. In nearly every case, what looks like worker error turns out to be inadequate equipment, setup, or fall protection — all §240 violations.

 

THE LEGAL FRAMEWORK — §240 LADDER CASES

Ladders are explicitly listed in Labor Law §240 as a covered safety device. If the ladder failed and a worker fell, the contractor and owner are typically liable.

 

DEFENSES AND WHY THEY FAIL

“The worker should have asked for a different ladder” — §240 places the duty on the contractor, not the worker. “The worker overreached” — overreaching is a function of inadequate equipment, not worker carelessness. “The worker didn’t tie the ladder off” — if the contractor didn’t provide a means to tie off, that’s the contractor’s failure.

 

Liability: property owner, general contractor, subcontractor employing the worker, ladder supplier or rental company, ladder manufacturer in product liability claims.

 

Common injuries: spinal fractures and herniated discs, pelvic and hip fractures, wrist and elbow fractures, calcaneus fractures, knee injuries, traumatic brain injury, shoulder dislocations and rotator cuff tears, internal injuries.

 

WHAT TO DO

  1. Get medical care.
  2. Save the ladder or photograph it before it disappears.
  3. Photograph the surface where the ladder was set.
  4. Report the accident in writing.
  5. Get witness contact information.
  6. Don’t give a recorded statement.
  7. Call us before signing anything.

 

Damages: medical past and future, lost earnings past and future, pain and suffering, loss of consortium, wrongful death where applicable.

Prior results do not guarantee a similar outcome.

 

Jordan reads project documents the way a developer reads them. He knows which subs cycle defective ladders through multiple projects, recognizes when inspection logs are paper-only, and knows a GC running behind schedule will pull alternative equipment instead of waiting for the right ladder.

The §240 advantage, put plainly.

In a typical negligence case, the defense will argue your case down with comparative-fault arguments — that you weren’t paying attention, that you took a shortcut, that you should have known better. Under §240, those arguments generally cannot defeat the claim. That is why §240 cases tend to settle higher and earlier than negligence-only construction cases.

If you fell from a ladder on a New York construction site, call us today. The consultation is free.