New York homeowner exemption does not shield contractors in house renovation falls

A New York construction law firm is warning workers that the state’s homeowner exemption under Labor Law Sections 240 and 241 protects qualifying one- and two-family homeowners, not general contractors or subcontractors. The advisory comes as federal and city data show continued deadly risk on residential jobs, including solar installs and roof work.

Why it matters: - New York’s Scaffold Law can still apply on private house jobs, which means injured workers may have claims even when a homeowner is involved. - The distinction matters on small residential projects like roof repairs, renovations and solar installations, where fall hazards remain common. - Workers who assume a homeowner exemption ends a case may miss evidence and legal claims that could matter after a serious injury.

What happened: - Gorayeb & Associates issued an advisory on August 14, 2026, in New York City to correct the belief that a worker hurt on a private house has no case. - The firm said New York Labor Law Sections 240 and 241 still reach the general contractor and every subcontractor on a job involving construction, demolition or excavation work. - The advisory said the homeowner carve-out applies only to owners of one- and two-family dwellings who contract for, but do not direct or control, the work. - The firm said the exception does not protect contractors or subcontractors on a single-family house.

The details: - Sections 240 and 241 impose responsibility for elevation-related safety on contractors, owners and their agents. - New York courts have said the homeowner exception exists because an ordinary homeowner cannot reasonably be expected to understand or insure against the statutes’ strict liability. - The shield disappears when an owner directs or controls the work. - The shield also disappears when the residence is used for commercial purposes. - The U.S. Bureau of Labor Statistics reported 370 construction and extraction worker deaths from falls, slips and trips in 2024, down from 400 in 2023. - The New York City Department of Buildings logged a July 2025 death in Queens involving a worker installing four solar panels who fell from a two-and-a-half-story roof. - Inspectors found the worker wore no harness and no hard hat and was not tied off to the building. - The Department of Buildings recorded 320 construction-related injuries and 10 worker deaths across the five boroughs in 2025. - Christopher J. Gorayeb, founder and owner of Gorayeb & Associates, said workers may wrongly assume a case died because a homeowner called the job a favor or a small job. - Gorayeb said workers should photograph the ladder, the roof line and any tie-off equipment, then get the contractor’s full company name from the truck or invoice before it disappears. - Gorayeb & Associates, P.C. was founded in 1986 by Christopher J. Gorayeb and focuses on construction accident and occupational injury litigation. - The firm says it has recovered more than $2 billion for more than 12,000 injured workers and their families. - The firm provides bilingual representation in English and Spanish throughout New York City and New York State. - More information is available at the firm's announcement.

Between the lines: - The advisory is aimed at closing a legal misconception that may keep injured workers from pursuing claims on residential projects. - Residential jobs can appear informal, but the safety risks and potential liability can be substantial. - The firm is pairing legal guidance with practical evidence-preservation advice, which signals how quickly key proof can disappear after a fall.

What's next: - Workers injured on residential projects may need to identify every party involved, not just the homeowner, to assess whether Labor Law claims exist. - The warning suggests more attention on contractor oversight, tie-off practices and fall prevention at small house jobs. - The city and state data indicate fall risk remains a major issue heading into future residential construction work.

The bottom line: - New York’s homeowner exemption is narrower than many workers think, and it does not wipe out claims against contractors or subcontractors on private house jobs.