Falling Object Lawsuit in New York: Section 240 Absolute Liability for Injured Workers

Most people assume Section 240 of the New York Labor Law protects only workers who fall. In fact, the statute also covers workers hit when objects fall from above. Tools, beams, materials and equipment drop from New York construction sites every day with devastating results: traumatic brain injury, spinal cord damage and death. A falling object lawsuit under Section 240 uses the same absolute liability framework that governs scaffold fall cases. When an owner or contractor fails to provide adequate securing equipment, the law holds them fully responsible.

When Section 240 Applies to a Falling Object Injury in New York

New York courts apply the Narducci standard to falling object cases under Section 240. Under that standard, the lawsuit must show that workers were hoisting or securing the object when it fell. Alternatively, the risk of the fall must have called for a listed safety device that was missing or inadequate. Beyond hoisting work, the statute reaches falling tools, materials and structural components when work at elevation creates the risk. Gravity must cause the harm, and the height difference between the object and the worker drives the analysis.

For example, a steel beam dropping during ironwork or a tool falling from overhead can qualify. Roofing materials sliding off an upper floor can qualify too. The central question is whether anyone provided and used proper securing equipment. Covered activities are broad: construction, demolition, repair, painting and building cleaning.

Section 241(6) as a Companion Lawsuit for Falling Object Cases

Many falling object cases also support a parallel lawsuit under Section 241(6) of the New York Labor Law. That provision requires owners and general contractors to comply with specific Industrial Code regulations. Industrial Code Rule 23-1.7(a) directly addresses overhead hazards and requires protection wherever workers face falling object risks. Other Industrial Code rules covering hoisting and material handling can support the lawsuit as well.

However, Section 241(6) differs from Section 240 in one critical respect. It does not impose absolute liability. Instead, it requires proof of a specific code violation that directly caused the injury. Even so, the companion lawsuit adds real power when Section 240’s standard is harder to satisfy on the facts. Furthermore, an experienced attorney can pursue both lawsuits at once and strengthen the overall recovery.

Building the Evidence in a Section 240 Falling Object Case

Strong falling object cases depend on evidence gathered immediately after the accident. First, preserve the object that struck the worker because it is critical physical evidence. Next, document the location it fell from and the conditions there. Co-workers can describe what happened before, during and after impact. OSHA citations issued after the incident often document the same safety failures that caused the injury.

Beyond that, surveillance footage from nearby cameras may capture the moment of impact. An expert engineer can reconstruct the event and explain why proper securing equipment would have prevented it. Delays give defendants time to repair or discard the very conditions that caused the harm. Our guide on what to do after a construction accident in New York walks through these first steps.

Who Bears Liability When a Falling Object Injures a New York Worker

Section 240 places liability on property owners and general contractors regardless of their role in the specific work. A building owner who delegated all site safety to a general contractor still faces absolute liability. Similarly, a general contractor who subcontracted the responsible trade retains full liability under the statute. New York courts refuse to let owners and contractors escape by pointing down the chain of contractors. Injured workers can sue these parties even when their direct employer remains immune under workers’ compensation law. Mapping the full project hierarchy, from owner and developer to every subcontractor, identifies each liable party. That knowledge maximizes the recovery.

Damages Workers Can Recover in a New York Falling Object Lawsuit

Damages in a successful Section 240 lawsuit span the full range of economic and non-economic harm. They include past and future medical expenses, lost wages and lost earning capacity. Future surgeries, rehabilitation and home care all count toward the economic total. Pain and suffering damages come on top of those economic losses.

When a falling object causes a traumatic brain injury or a spinal cord injury, the losses become lifelong. Workers’ compensation alone leaves most of those losses unaddressed. In contrast, a Section 240 lawsuit closes that gap by holding every responsible party accountable. Across New York, the gap between the two recoveries can reach millions of dollars.

The Law Firm of Andrew M. Stengel, P.C. Is Ready to Fight for You

If a falling object injured you on a New York construction site, evidence begins disappearing immediately. The Law Firm of Andrew M. Stengel, P.C. handles Section 240 falling object lawsuits throughout New York. We act quickly to preserve evidence and protect your rights. All cases are handled on a contingency fee basis. You pay nothing unless we recover for you. Contact us for a free, completely confidential consultation. Email info@stengellaw.com or schedule at https://calendly.com/stengellaw.