Imposes absolute liability on general contractors and property owners for construction-related injuries, even if the injured party was negligent or intoxicated.
"New York's idiosyncratic Scaffold Law, impervious to reform efforts. It imposes liability regardless of negligence on construction firms when there's an accident. Raising their insurance costs."
https://t.co/AsnO5FDmkS
#Construction#LaborLaw#ConstructionCorruption
"Labor Law §240 could apply when a worker was injured while legitimately on a construction site but while going to or coming from lunch or engaged in some similar activity."
https://t.co/MceOdhTcCp
#Construction#LaborLaw#ConstructionCorruption
"Democratic Assemblyman @johnmcdonald108 has pushed for proportionate liability, which would make workers in some circumstances also responsible for construction accidents if they are deemed negligent."
https://t.co/tMfR18Y8dc
#Construction#LaborLaw#ConstructionCorruption
“Under [absolute liability], insurance in New York State costs about $43 per square foot. In the surrounding states, it’s three to five dollars.”
Keeping New York Safe: How the Construction Industry Protects Workers and the Public
https://t.co/E6PJs3HP9b
"This outdated [Absolute Liability] law stuffs the pockets of attorneys and lobbyists keeping the law on the books."
WHY IS CONTRACTORS LIABILITY SO EXPENSIVE IN NEW YORK?
https://t.co/MLMFuvTrrJ
Great opportunity to meet with your office Assemblymember @johnmcdonald108, thank you for your continued efforts to reform the Scaffold Law. #NYLAD2019
"the impact of [Absolute Liability] law on projects’ costs ultimately affects taxpayers."
Local business leaders rally against New York's Scaffold Law
https://t.co/0aUAQzHnBV
"[Absolute Liability] does not provide for any consideration of the injured employee’s fault — essentially rendering defendants to be presumed at fault even if the worker’s negligence contributed to the accident."
Mitigating the impact of the NY Labor Law
https://t.co/8QYMFknpsc
“All we want is the ability to go to court like in every other judicial proceeding... There isn’t any judicial proceeding in this country where both parties don’t have the opportunity to present their side of the case."
https://t.co/e5igdtD61k
@GreenspanLaw Difficult discussion, indeed. And yes, irresponsible developers/contractors should be held accountable. However, absolute (strict) liability is a blanket policy that ignores the unique circumstances of each case and has nothing to do with safety.
"The Legislature should take a serious look at the “Scaffold Law” and either amend it or rewrite it from scratch to avoid the frustration and confusion it has created for the courts"
New York's Scaffold Law: A ‘Defining’ Moment
https://t.co/erWTURYQXw
"[Scaffold Law removes virtually all defenses that owners and contractors would otherwise have."
New York Scaffold Law – Strict Liability of Owners and Contractors for Non-Compliance
https://t.co/SFhxMrzOV0
“Scaffold Law imposes “absolute liability” on owners, contractors, and their agents for personal injuries...resulting from the forces of gravity. ‘Absolute liability’ means liability without consideration of the comparative fault of the injured plaintiff"
https://t.co/JTqPpQPbmA
Recent court decisions have broadened the application of the Scaffold Law even further to include: all injuries resulting from the force of gravity (Runner v. NYSE, 2009), and injuries caused by worker negligence (Kiln v. State of New York, 2013)
https://t.co/qAJhEPTMQT
"...and in the case of [Labor Law] 240, contributory negligence on the part of an injured worker is not a defense.
Defending Construction Claims Under the New York Labor Law Statutes
https://t.co/sIcRHd9OEk
"Progressive lawmakers at the State level should follow [@NYCSpeakerCoJo's] lead; support small businesses and #MWBE's and change this outrageous law.”
Contractors Make New Push For Scaffold Law Changes
https://t.co/GiNH6coccW
"[@GCANewYork] released a report in January that blamed slow construction on the state’s controversial #ScaffoldLaw, which holds employers liable for gravity-related workplace falls."
https://t.co/TkSgZ7r3Mn
#Construction#LaborLaw240