Who Is Liable for a Construction Accident In New York?

Posted in Construction Accidents on February 25, 2026

New York’s ever-expanding infrastructure means construction sites are everywhere. But what happens when a passerby suffers a serious injury from an accident caused by a construction project? Who is liable for common injury damages after a construction injury in New York?

Under Chapter 8, Section 1411 of New York’s Civil Practice Law, the property owner, construction company, contractor, or subcontractor could be held liable for damages, depending on the cause of the accident.

Contact a NYC construction accident attorney to pursue financial compensation for your injuries today — call (212) 564-2800.

What Are the Common Causes of Construction Accidents In New York?

The construction industry has one of the highest accident and injury rates among employees. Although an injured construction employee cannot file a lawsuit against their employer and typically recovers their losses through a workers’ compensation claim, an injured passerby is not an employee of the company. A passerby who suffers an injury in a construction zone or by negligent construction workers may file a claim against the construction company, contractor, subcontractor or property owner due to their negligence.

Passersby sometimes suffer injuries due to the following:

Falling objects, tools, or debris
Trip-and-fall accidents caused by loose debris, obstacles, tools, or power cords
Struck-by accidents from moving equipment, such as cranes, forklifts, excavators, and dump trucks, or by moving planks, beams, or sheet metal
Falls into trenches, pits, or other improperly barricaded work areas
Falling scaffolding
Structure collapses
Electrocutions from exposed wiring
Explosions

Construction accidents result from negligence. The negligent party in a construction accident can be held liable for an injury victim’s damages, such as medical expenses, lost wages, and compensation for pain and suffering.

Proving Liability In a New York Construction Accident Claim

When a property owner, construction company, or contractor acts negligently when securing or overseeing work at a construction site, they are liable for damages. However, the injury victim has the burden of evidence in the case. Under civil liability law, the injury victim must prove that it’s more likely than not that the responsible party is at fault for their injury and damages.

The evidence proving liability must meet the following legal standards of civil liability:

The at-fault party owed a duty of care to the injury victim
They breached this duty through careless, reckless, or wrongful actions (legal negligence)
The breach of duty caused the accident and injury
The injury victim suffered damages from the injury

New York’s Civil Laws define the duty of care that we all owe to others in our orbit, including the duty to protect passersby from injuries caused by construction.

What Damages Can I Recover From the Liable Party In a Construction Accident Claim?

Construction accident injuries are often serious, including fractures, traumatic brain injuries, and crush injuries. These injuries are expensive as well as painful and debilitating. Common damages recovered from the liable party in construction accident claims include past and future medical expenses, lost earnings, reduced earning ability, and catastrophic injury compensation for permanent injuries.

If a loved one died from a New York construction accident, the decedent’s representative can recover compensation for the family through a NYC wrongful death lawyer.