FOR RELEASE:	Immediate — Tuesday, May 20,2008
Contact:	Mark Kriss 518.527.1148 E-mail: mkriss@krisslaw.com

Reform Can Cut Construction Costs Now

Albany, NY — NYTortReformNOW.org urged members of the New York State Assembly Labor Committee to approve a long-stalled reform aimed at reducing unnecessary costs to small businesses and homeowners.
 
The legislation would reform New York’s so-called “Scaffold law” — Labor Law sections 240/241, that imposes a standard of absolute liability on all building owners, contractors and subcontractors where a worker is injured as the result of an elevation related construction or maintenance accident, even in a case where the worker is under the influence of drugs or alcohol.

“New York holds the only-state-in-the-nation distinction when it comes to this century-old law that gives trial lawyers a slam-dunk by simply establishing that the facts of the case fall within the definition of an elevation related accident. The plaintiff is not required to prove negligence and there is no defense admissible by the construction firm or project owner.  As a result, insurance costs throughout New York State and New York City are as much as1000% higher for some construction projects,” said Mark C. Kriss, Executive Director of NYTortReformNOW.org.

According to Kriss, because of this law, many insurance companies refuse to write general liability policies in New York State.  For those that do, the increased cost for construction is then past on by the contractor and project owner to consumers, homeowners and small businesses ultimately hurting New York’s economy and costing New York jobs.

“Even if a worker refused to use safety equipment or was impaired by drugs or alcohol, this law imposes a condition of absolute liability on the contractor, without regard to either negligence or comparative negligence and irrespective of any lack of control or direction of the work.   No other state maintains such a law -- except New York,” said Kriss, “Reforming the law can reduce construction costs considerably; in this weak economy especially, we can’t afford not to.”

Assemblyman Morelle and Senator Volker are sponsoring the legislation.

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NY Tort Reform Now.org, a broad based coalition of businesses, professionals, municipalities, not-for-profits, and concerned citizens dedicated to bringing commonsense reform to New York’s outrageous “pro-trial lawyer” laws that cost taxpayers and consumers hundreds of millions of dollars.