What's happening
This bill ensures that contributory negligence or assumption of risk reduces, but does not bar, damages in construction-related injury lawsuits.
Why it matters
Shifts liability rules in construction accidents. By applying comparative fault to cases under Article 10 of the labor law (which covers construction, demolition, and repair), this bill means injured workers’ own negligence will reduce, but not eliminate, their compensation—potentially lowering damages awarded in many lawsuits.
Overrides previous court interpretations and statutes. The bill specifically states it applies “notwithstanding any judicial precedent, statute, rule or regulation to the contrary,” directly targeting longstanding interpretations of New York’s “Scaffold Law” (Labor Law § 240) that often imposed absolute liability on employers and property owners.
Could impact workplace safety incentives and litigation strategies. Employers and insurers may face lower financial risk from lawsuits, potentially altering their approach to safety investments, insurance costs, and settlement negotiations, while injured workers may need to provide more evidence addressing their own actions in court.
Affects both workers and property owners in construction. The change matters to a broad set of stakeholders—workers, contractors, building owners, and insurers—by redistributing some legal and financial responsibility for construction-related injuries, possibly influencing how construction projects are managed and litigated in New York.
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Who cares
Headline styles
Limit Damages in Construction Cases
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 108
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.
Limit Damages in Construction Lawsuits
In Senate Committee · Judiciary · Sponsor Fredrick J. Akshar II
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5624
2017-2018 Regular Sessions
IN ASSEMBLY
February 13, 2017
Introduced by M. of A. McDONALD -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1411 of the civil practice law and rules, as added by chapter 69 of the laws of 1975, is amended to read as follows:
§ 1411. Damages recoverable when contributory negligence or assumption of risk is established. In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages. Notwithstanding any judicial precedent, statute, rule or regulation to the contrary, this section shall apply to any action to recover damages for personal injury, injury to property or wrongful death brought under article ten of the labor law.
§ 2. This act shall take effect January 1, 2018 and shall apply to all actions commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09848-01-7
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.