In recent months there has been a crescendo of support for the reform of New York Labor Law §240, commonly known as the “Scaffold Law,” which imposes strict liability for construction site gravity-related injuries.1 The reform sought, in the form of bills pending in both houses of the New York state Legislature, would allow for the application of comparative fault in the consideration of damages for a gravity-related injury.2 At present, comparative fault cannot be considered; once a violation of the statute is found, 100 percent of the plaintiff’s damages must be assessed against the defendant (usually contractors and owners), notwithstanding the plaintiff’s comparative fault.3
Reform proponents argue that the imposition of such strict liability has led to skyrocketing insurance costs, resulting in the loss of many thousands of construction jobs.4 Separately, studies have shown that the Scaffold Law, which was designed to reduce worker injuries, has had the opposite effect and has contributed to an increase in such injuries.5 We agree with the reform proponents and believe that the time has now come to bring New York in line with every other state in the union and permit the consideration of comparative liability in a Scaffold Law litigation.
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