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New York’s Scaffold Law is Breaking the System it Was Meant to Protect

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The following Viewpoint is written by Charles “Chip” Pierce, member, Rosenberg & Estis P.C. I have spent my career advising owners, developers and contractors across New York. During that time, I have seen projects stall, deals collapse, and companies struggle for all kinds of reasons. But nothing distorts the way construction works in this state quite like the Scaffold Law. Enacted in 1885 as New York Labor Law § 240, it was designed to protect workers at a time when construction was far more dangerous and far less regulated than it is today. That purpose still matters, but the way the law operates today bears little resemblance to the world it was written for. The Scaffold Law imposes absolute liability on owners and contractors for gravity-related injuries, regardless of fault. If a worker falls, liability is essentially predetermined. It doesn’t matter what safety measures were in place, whether the worker ignored them, or even whether the owner or contractor did anything wrong.…

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