Q: If a construction site worker suffers serious personal injuries as the result of a gravity-related risk, or due to insufficient or faulty safety equipment, is the property owner automatically liable under Labor Law §§ 200, 240(1) and 241(6) as a matter of law?

A: Not necessarily.

It depends on many factors, the most important of which is the location of the work, i.e., whether the worksite was a one or two-family dwelling, and therefore subject to the homestead exemption, in which case no liability will attach, or if the work was being done on a commercial property or multiple dwelling.

Long Island, New York  child accident attorney, construction site accident and personal injury lawyer Jonathan Cooper practices in Nassau, Queens, Brooklyn, Bronx, New York City and Westchester. In order to order a FREE copy of his Book on New York accident lawsuits entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim," or to schedule a free consultation with Mr. Cooper, please contact his main office located in Cedarhurst, Long Island at 516.791.5700.

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