What's happening
This bill allows courts to reduce damages for workers injured on scaffolding if their own unsafe actions contributed to the injury, except in cities with over one million people.
Why it matters
Shifts financial responsibility in workplace accidents. By allowing courts to reduce damages if a worker's own unsafe actions contributed to their injury, this bill could lower liability costs for contractors and property owners outside major cities, potentially affecting insurance premiums and the cost of construction projects.
Emphasizes worker accountability. The bill encourages employees to follow safety protocols and use provided safety equipment, as failure to do so could reduce their compensation if injured. This may motivate stricter adherence to safety training and workplace rules.
Excludes New York City and other large cities. The exemption for cities with over one million residents (such as New York City) means workers and employers there will continue under the old, stricter liability standard, creating different legal and financial environments for construction in large vs. smaller municipalities.
Impacts legal strategies and settlement negotiations. By introducing comparative negligence into these cases, the bill could make litigation outcomes less predictable, affecting how lawyers evaluate cases, advise clients, and negotiate settlements after scaffolding-related injuries.
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Who cares
Headline styles
Share Fault in Scaffold Injuries
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2017
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SCHIMMINGER, MAGEE, MONTESANO, WALTER -- Multi- Sponsored by -- M. of A. GALEF, HAWLEY, KOLB -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 1414 to read as follows:
§ 1414. Applicability to certain actions. 1. In any action or proceeding to recover damages for personal injury, injury to property, or wrongful death pursuant to section two hundred forty, subdivisions one through five of section two hundred forty-one, or section two hundred forty-one-a of the labor law, where safety equipment or devices have been made available, and a person employed or otherwise entitled to the protection of the provisions of such section has failed to follow safety instruction or safe work practices in accordance with training provided, or failed to utilize provided safety equipment or devices, or engaged in a criminal act or was impaired by the use of drugs or alcohol, and such failure, act or impairment is a proximate cause of an injury to such person, the conduct attributable to such person shall not bar recovery, but the amount of damages otherwise recoverable shall be determined in accordance with section fourteen hundred eleven of this article to the extent that such conduct relates to the commission of a criminal act, impairment caused by the use of drugs or alcohol, the failure to use safety equipment or devices, the failure to comply with instructions or training regarding the use of safety equipment or devices or the failure to otherwise comply with safe work practices in accordance with safety training programs provided to such person. Such training programs shall include, but shall not be limited to, courses in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05718-01-7
A. 2017 2
construction safety and health certified by the United States Occupational Safety and Health Administration or the department of labor.
2. Nothing contained in this section shall be deemed to impose or create liability under such sections of the labor law referred to in subdivision one of this section, where a person employed or otherwise entitled to the protection of the provisions of such sections has failed to follow safety instructions or safe work practices in accordance with training provided, or failed to utilize provided safety equipment or devices, or engaged in a criminal act or was impaired by the use of drugs or alcohol, and such failure, act or impairment is the sole proximate cause of an injury to such person.
3. The provisions of this section shall not apply to actions or proceedings wherein the personal injury, injury to property, or wrongful death is alleged or subsequently determined to have occurred, or arisen out of an occurrence, within a city having a population of one million or more inhabitants.
§ 2. This act shall take effect immediately and shall apply to all causes of actions accruing on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.