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In New York, the construction industry is governed by three specific statutes that create a unique liability landscape not found in other states.
Labor Law 200: This is the codification of the common-law duty to maintain a safe work environment. It generally requires proof that a contractor or owner had "supervision and control" over the work.
Labor Law 240(1) (The Scaffold Law): This statute imposes absolute liability on property owners and general contractors for "gravity-related" injuries. This includes falls from heights (scaffolds, ladders, roofs) and injuries from falling objects.
Labor Law 241(6): This mandates specific safety precautions for construction, excavation, and demolition. It holds owners and GCs responsible for violations of the New York State Industrial Code, even if they did not directly supervise the work.
An "Action Over" claim is a strategic legal maneuver used to bypass the limitations of Workers' Compensation.
The Injury: An employee of a subcontractor is injured on a project in The Bronx or Manhattan.
The Bar on Suing Employers: Workers' Compensation laws prevent an employee from suing their direct employer for negligence.
The Third-Party Suit: The employee sues the "Third Party"—typically the property owner or General Contractor (GC)—under the strict liability of Labor Law 240.
The "Action Over" Trigger: Because the subcontractor signed a Hold Harmless/Indemnification Agreement, the GC or owner "tenders" the claim back to that subcontractor.
The Result: Liability is "passed over" the third party and back to the subcontractor, who is now responsible for the multi-million dollar third-party lawsuit.