Coalition Presents NYS Thruway Authority With Major Cost Saving Measure: Scaffold Law Reform

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Scaffold Law Reform Group

ALBANY, NY (08/23/2012)(readMedia)-- This week, a coalition of advocacy groups representing small and large businesses, developers, insurers, builders, contractors, and taxpayers issued a joint letter to the Chairman and Director of the New York State Thruway Authority asking for their support in working with the governor and state lawmakers to reform New York's "Scaffold Law."

The law, which exists only in New York, was first enacted in 1885. It holds contractors and property owners automatically fully liable in lawsuits arising from gravity-related injuries, even when the worker's negligence was a contributing factor in the injury. The coalition advocates for reforming the law to allow liability to be determined according to each party's proportion of fault. They note the proposed changes would not restrict an injured worker's ability to sue for injuries, limit the amount they can recover, or eliminate any existing safety standards.

Advocates claim that reforming the Scaffold Law would reduce the cost of taxpayer-funded construction projects. They highlight estimates by insurers that the Scaffold Law will add more than $100 million to the cost of construction of the new Tappan Zee Bridge. Lowering the cost of building the bridge would reduce the need for dramatic toll increases, such as the recently proposed increase to $14, and reduce costs to the state's taxpayers.

"New York can no longer afford this ridiculous law. Countless taxpayer dollars are expended needlessly, from the astoundingly high insurance costs to the cost of defending and settling lawsuits from a law that provides no public benefit, other than guaranteed jackpots for personal injury lawyers" said Tom Stebbins, Executive Director of the Lawsuit Reform Alliance of New York.

Supporters of reform also point to data which suggests reforming the Scaffold Law would have benefits beyond savings to taxpayers. They note that Illinois repealed its Scaffold Law in 1995, and subsequently experienced a 25% increase in construction employment and a 26% decrease in construction site fatalities, according to the Bureau of Labor Statistics.

"It's time for New York to reform this outdated law and rebuild both its infrastructure and economy. These changes would make for safer construction and instead of having scarce infrastructure dollars eaten up by crushing liability costs and costly and often questionable lawsuits, would have more of them go into roads and bridges, bricks and mortar and job creation," said Mike Elmendorf, President and CEO of Associated General Contractors of New York State.

For more information, please go to www.scaffoldlaw.org or contact Mike Elmendorf, President and CEO at AGC NYS, at melmendorf@agcnys.org or 518-456-1134.