Labor Law Section 240 has been the bane of existence of construction contractors across the State of New York. First enacted in 1885, the “Scaffold Law” was intended to protect construction workers from falls from rickety ladders and defective scaffolding. The statute imposed upon owners and contractors the obligation to ensure that workers performing their duties at heights were adequately protected.

It also protects workers from objects falling from heights upon them. The evolution of the statute over the years has caused the business community to perceive it as affording a worker an extraordinary recovery, ignoring the potential fault of the worker himself.