What's happening
This bill allows courts to reduce damages based on a worker’s contributory negligence in construction, demolition, and repair injury lawsuits.
Why it matters
Alters legal incentives for workplace safety. By allowing courts to reduce damages when a worker is found partly at fault, the bill could change the way workers, employers, and site managers approach safety measures and personal responsibility on construction, demolition, and repair sites.
Impacts compensation for injured workers. Workers injured on the job may receive less in damages if it is determined they contributed to their own injury, potentially reducing the financial protection that current law provides for workplace accidents.
Shifts financial risk to workers and away from employers/owners. The change may make it more difficult for injured workers to recover full damages from employers or property owners, shifting some liability away from those parties and onto the workers themselves.
Potentially affects litigation and insurance practices. The bill’s application to Labor Law Article 10 cases (covering construction-related injuries) could influence how legal cases are argued, settled, and insured, possibly leading to fewer settlements at full value and changes in how construction liability insurance is underwritten.
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Who cares
Headline styles
Limit Construction Injury Damages
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 108
19 Co-sponsors
3 Multi-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.
Limit Worker Injury Damages
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
3737
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
Introduced by M. of A. McDONALD, SCHIMMINGER, CROUCH, ORTIZ, GALEF, RIVERA, STEC, D'URSO, LAWRENCE, DiPIETRO, TAYLOR -- 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 on the first of January next succeeding the date upon which it shall have become a law 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.
LBD00573-01-9
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.