Scaffold Law and Infrastructure Expansion Act Developments

Posted by John Cofini on Tue, Jun 12, 2018 @ 12:38 PM

If you’re familiar with the construction industry in New York, you probably have a strong opinion about the state’s scaffold law. More formally known as New York’s Labor Law 240, the scaffold law holds contractors, property owners and developers 100 percent liable for gravity-related accidents and injuries. This absolute liability holds even when the injured workers was primarily responsible for the accident.

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Tags: Scaffold Law

Analysis: How the Sole Proximate Cause Defense Applies to The Scaffold Law

Posted by Noff Colabella on Thu, Nov 16, 2017 @ 08:15 AM

Although we often talk about cause and effect, the truth is that the average effect has multiple causes, not just one. A car accident, for example, might be the fault of one driver’s inattention and the other driver’s failure to signal, as well as the weather and road conditions. Similarly, a construction worker’s on-the-job injury can often be pinned on multiple factors. Nevertheless, in some case, the sole proximate cause defense – which argues that the injured worker is solely responsible for the injuries sustained – can be successful in a Scaffold Law case.

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Tags: Scaffold Law

Scaffold Law Update

Posted by Noff Colabella on Thu, Oct 05, 2017 @ 01:47 PM

Property owners and construction contractors feeling the financial stress of New York State’s Scaffold Law may have some relief soon. New legislation introduced by Congressman John Faso would offset the state’s strict liability standard and the resulting costs for construction. Called the Infrastructure Expansion Act, the new law would create a liability standard of comparative negligence for construction projects receiving federal funding. Multiple organizations in the construction industry have already expressed support for the proposal.

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Tags: new york scaffold law, Scaffold Law

Business groups continue taking aim at New York’s Scaffold Law

Posted by Noff Colabella on Wed, Sep 07, 2016 @ 11:13 AM

New York’s 120-year-old Scaffold Law severely limits development in the state, costs taxpayers millions of dollars unnecessarily, drives up insurance premiums, and profits only trial lawyers, all while doing nothing to make worksites any safer.

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Tags: Scaffold Law

Heated debate over New York’s Scaffold Law continues to boil

Posted by John Cofini on Tue, Aug 05, 2014 @ 02:36 PM

If you run a construction business in New York, you know all about Labor Law 240 – the Scaffold Law. It’s a decades-old law that holds contractors, property owners, and developers 100% liable for accidents and injuries, even when an injured worker is 99% to blame for the accident.

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Tags: New Yorks Scaffold Law, Scaffold Law, risk management and safety programs

Recent case affirms New York’s “absolute liability” for NY construction claims

Posted by John Cofini on Thu, Feb 27, 2014 @ 12:21 PM

It’s a tough time to be in the construction business in New York. All across the state, it’s an industry in crisis.

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Tags: construction insurance, New York construction insurance, Scaffold Law, absolute liability, NY construction claims