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Law Offices of Jonathan M. Cooper

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.