A piece written by LRANY’s Adam Morey was published in the Buffalo News this week. The opinion piece noted the financial drain of the antiquated Scaffold Law.
“If our elected representatives are truly serious about updating the state’s aging infrastructure, they will need to provide the proper funding – and commit to spending that money wisely. To do that, they must also modernize New York’s archaic construction liability statute, commonly known as the Scaffold Law.
Under the law, courts hold contractors and property owners, including cities and other publicly funded entities like the Thruway Authority, absolutely liable for claims filed for gravity-related construction injuries. This means that a jury cannot consider how the reckless behavior of the injured worker or other employees contributed to the accident.
In the words of former Court of Appeals Judge Robert Smith: ‘A defendant may be liable to a worker who may have been primarily at fault.'”