Relates to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work.
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 Assem-bly, do enact as follows:
1 Section 1. Section 1411 of the civil practice law and rules, as added
2 by chapter 69 of the laws of 1975, is amended to read as follows:
3 § 1411. Damages recoverable when contributory negligence or assumption
4 of risk is established. In any action to recover damages for personal
5 injury, injury to property, or wrongful death, the culpable conduct
6 attributable to the claimant or to the decedent, including contributory
7 negligence or assumption of risk, shall not bar recovery, but the amount
8 of damages otherwise recoverable shall be diminished in the proportion
9 which the culpable conduct attributable to the claimant or decedent
10 bears to the culpable conduct which caused the damages. Notwithstanding
11 any judicial precedent, statute, rule or regulation to the contrary,
12 this section shall apply to any action to recover damages for personal
13 injury, injury to property or wrongful death brought under article ten
14 of the labor law.
15 § 2. This act shall take effect on the first of January next succeed-
16 ing the date upon which it shall have become a law and shall apply to
17 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
