What's happening
This bill allows damages in scaffold-related injury cases to be reduced if the worker's own misconduct contributed to the accident.
Why it matters
Shifts some liability to workers. The bill means that if a worker ignores safety training, doesn’t use provided safety equipment, or is impaired by drugs/alcohol (and this contributes to their injury), any damages they win in court can be reduced in proportion to their own responsibility.
Encourages employer-provided training and safety equipment. Employers need to clearly provide OSHA- or Department of Labor-certified safety training and equipment, since the law’s application depends on whether this was made available and communicated to the worker.
Potentially limits "strict liability" for employers/owners. Currently, New York’s scaffold law often makes employers and property owners fully responsible for gravity-related injuries, regardless of worker fault. This bill would allow courts to consider the worker’s own conduct, potentially reducing payouts and liability for employers and insurance providers.
Could impact workplace safety culture and claims. Workers may be more incentivized to follow safety protocols, knowing their compensation could be reduced for misconduct, while it could become harder for injured workers to recover full damages if employers can prove the worker didn’t follow safety rules.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Limit Scaffold Injury Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Change Scaffolding Injury Laws
In Senate Committee · Judiciary · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2148
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. MORELLE, SCHIMMINGER, MAGEE, GALEF, STIRPE -- Multi-Sponsored by -- M. of A. CROUCH, GOODELL, HAWLEY, LUPARDO, McDO- NOUGH, McLAUGHLIN, OAKS, STEC, WALTER -- read once and referred to the Committee on Judiciary
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00287-01-7
A. 2148 2
training programs shall include, but shall not be limited to, courses in 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.
§ 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.