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NEW YORK POST --NY’s worst law helps lawyers, kills construction
February 9, 2014
Gov. Cuomo has proposed $2 billion in tax cuts aimed at improving our state’s business climate and he’s worked hard to reduce the red tape that so often impedes business growth in New York. He’s working to create a “New” New York, but there’s one law on the books that is a powerful symbol of what’s wrong with the “Old” New York: the 129-year-old Scaffold Law.
This unfair law makes the contractor and the property owner “absolutely liable” for any gravity-related injury on a construction job site, regardless of fault. Even if the construction company has provided all of the safety training and equipment that the law requires and the injury was caused by employee negligence, the contractor and property owner still bear 100 percent of the cost. The courts don’t even allow evidence to determine fault; a jury is convened only to determine the amount of the settlement.