ARTICLE
For 30 years, construction industry groups throughout New York State have collaborated in an effort to amend New York State's onerous Labor Law 240(1), otherwise known as "the scaffold law." ECA and our colleagues have long advocated reforming the "scaffold law" to eliminate the absolute liability standard and replace such with a comparative negligence standard. Unfortunately, reform is yet to happen, and the application of a comparative negligence standard continues. Earlier this year, the NYS Supreme Court ruled in favor of the defendants in Lori Becker (plaintiff) vs. Cornell University and Welliver McGuire, Inc. (defendants) case. The decision is a very interesting read, and it reinforces the importance of implementing company-wide safety policies and procedures and the necessary constant and proper training of employees. In this case, Justice Christopher Baker found the Defendants "…established their entitlement to summary judgment, as the record demonstrates that the plaintiff was the sole proximate cause of her injury." Click here to read the ruling. Despite this ruling, advocacy work is still needed, and it will be interesting to see if the case impacts other court decisions.