Relates to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5624
SPONSOR: McDonald TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to damages recoverable when contributory negligence or assump-
tion of risk is established in cases involving building construction,
demolition and repair work
PURPOSE:
To apply existing comparative negligence standards to claims filed under
article ten of New York State Labor Law.
SUMMARY OF PROVISIONS:
Amends CPLR 1411 to apply a standard of comparative negligence with
respect to actions for personal injury, property damage or wrongful
death brought under article ten of the Labor Law.
JUSTIFICATION:
§ 240 (1) of the New York State Labor Law is the last of its kind in the
nation. The provision holds property owners and contractors absolutely
liable for gravity related injuries that happen on construction work-
sites, even if the injured party's own negligence contributed to the
accident.
Absolute liability, which is non-existent elsewhere in New York civil
law, is not written into Labor Law § 240 (1). Over the years of liti-
gation generated by the statute, judges have interpreted that it applies
absolute liability.
The courts have held that "contributory negligence is not a defense to a
valid Labor Law § 240 (1) claim" (Musselman v Charles A. Gaetano Constr.
Corp. 277 AD2d 691). This interpretation of the law provides little
defense for property owners, contractors, and subcontractors against a
claim, which leads to higher insurance premiums for all construction
projects.
The Costs of Labor Law 240 on New York's Economy and Public Infrastruc-
ture, a report by the Rockefeller Institute of Government, estimates
that the statute costs the State of New York $785 million annually and
costs the private sector $1.49 billion in related costs each year.
According to the Port Authority of New York and New Jersey, the liabil-
ity costs on one joint New York-New Jersey bridge project are more than
doubled on the New York side. The New York City School Construction
Authority has seen a massive increase in its Owner Controlled Insurance
Program. For upstate, the New York School Boards Association estimates
that the law costs school districts $200 million each year. Addi-
tionally, in The Effects of New York's Labor Law 240 on Worker Safety, a
peer reviewed, "practice ready" paper presented to the Transportation
Research Board of the National Academies, researchers at Cornell Univer-
sity conclude that New York Labor Law § 240 (1) "increases both fatal
and nonfatal construction accidents" at a rate of 670 per year.
CPLR § 1411 provides that "the culpable conduct attributable to the
claimant...which caused the damages" will apply liability by that
proportion. This bill would amend the CPLR to ensure that, notwithstand-
ing any judicial precedent, statute, rule or regulation to the contrary,
CPLR § 1411 will apply to any action to recover damages for personal
injury, property damage or wrongful death brought under article ten of
the Labor Law. This reform would ensure that liability is proportional
to fault, and greatly reduce burdensome insurance premiums that impact
all construction projects in the state. Most importantly, bringing the
liability standard in line with all other aspects of the civil justice
system would not weaken the law's safety provisions.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
Will provide much needed relief to school districts, counties, and local
governments by lowering their liability exposure and creating signif-
icant savings on all infrastructure construction projects in New York
State.
EFFECTIVE DATE:
Immediately.
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 Commit-
tee 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 January 1, 2018 and shall apply to all
16 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
