Ladder Accident Lawyers in New York

If you fell because a ladder was defective, unsecured, or improperly placed on a New York construction site, Labor Law §240 often applies. Owners and general contractors face absolute liability for gravity-related ladder falls, so your own carelessness usually won't reduce your recovery.

Ladder falls sound simple and the defense loves to make them sound like your fault. “He just lost his balance.” But on a New York construction site, a ladder that kicks out, shifts, or was never footed or tied off is a safety-device failure — and that puts it squarely inside the Scaffold Law.

Labor Law §240 lists ladders among the devices owners and contractors must furnish and properly place. When an unsecured or defective ladder causes a fall, liability is absolute, and the usual argument that the worker was clumsy rarely gets the defense anywhere.

What makes a ladder case a §240 case

The ladder was not secured, footed, or held and it slipped or tipped.
It was the wrong ladder for the job — too short, wrong type, or set at a bad angle.
It was defective — a bent rail, cracked rung, or worn feet.
No safer device (a scaffold or lift) was provided when the task called for one.

The core question is whether the ladder gave proper protection against the elevation risk. When it didn’t and you fell, the owner and general contractor are liable even if a co-worker was supposed to hold it.

Why the “sole proximate cause” defense usually fails

The defense’s best move is to argue you were the sole cause — that a proper, secured ladder was right there and you chose a bad one or misused it against instructions. In real cases the ladder is often the only one available, unsecured, or already defective, which collapses that argument. We nail down what equipment was on site and what you were told to do, early, so the record is clear.

§241(6) and §200 as companions

Labor Law §241(6) lets us cite specific Industrial Code rules on ladder placement, condition, and use. Labor Law §200 codifies the general duty to provide a safe workplace and can reach a general contractor that actually controlled the work. Pleading these alongside §240 gives the case more than one path to a verdict.

Comp and the third-party claim

Workers’ compensation covers medical care and partial wages no matter who was at fault, but not pain and suffering. The third-party lawsuit against the owner and general contractor is where you recover the full measure of damages — lost earning capacity, future care, and the human toll of the injury. Both proceed together, and we resolve the comp lien at the end. Immigration status is not a bar; undocumented workers recover under New York law.

Explore our construction accident pillar, our Labor Law §240 guide, and our falls from heights page. Ready to talk? Contact us for a free review.

Ladder accident questions New Yorkers ask

I was on a ladder alone — does that hurt my case?

Not necessarily. If the ladder should have been secured or held and wasn’t, or a scaffold should have been used instead, the failure to provide proper protection is what matters. Working alone doesn’t make the fall your fault under §240.

What if I brought my own ladder to the job?

You can still have a claim. The key is whether the ladder gave proper protection and whether a safer device should have been supplied. We look at who controlled the work and what equipment the site actually provided.

The company says I just lost my balance. Is that a defense?

Standing alone, no. Losing balance because a ladder slipped or wobbled is a symptom of the device failing, not proof of your negligence. The defense must show you were the sole cause, which is a heavy burden.

How soon should I call a lawyer?

Right away. New York’s personal injury deadline is generally three years, but ladders and site conditions change fast, and public-property cases carry much shorter notice deadlines.