Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2016 |
referred to judiciary |
Jan 07, 2015 |
referred to judiciary |
Senate Bill S543
2015-2016 Legislative Session
Sponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(R, C) Senate District
(R, C, IP) Senate District
2015-S543 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3209
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add ยง1414, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4037, A1895
2011-2012: S6816, A2835
2013-2014: S111, A3104
2017-2018: S2795, A2148
2019-2020: S707
2021-2022: S1703
2015-S543 (ACTIVE) - Sponsor Memo
BILL NUMBER: S543 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees PURPOSE : To establish a comparative negligence standard for claims under Labor Law sections 240 and 241 with respect to a recalcitrant worker. SUMMARY OF PROVISIONS : Amends the Civil Practice Law and Rules to add a new Section 1414. This section applies a comparative negligence standard as provided for in CPLR 1411 with respect to actions for personal injury, property damage or wrongful death arising under Labor Law Sections 240 and 241 to the extent the conduct relates to the following: a criminal act, use of drugs or alcohol, failure of the employee to use safety devices furnished at the job site, failure to comply with employer instructions regarding the use of safety devices at the job site, or failure of the employee to comply with safe work practices in accord with safety training programs provided by the employer. JUSTIFICATION :
2015-S543 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 543 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. GALLIVAN, LARKIN, LIBOUS, MARCHIONE, SEWARD, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 1414 to read as follows: S 1414. APPLICABILITY TO CERTAIN ACTIONS. 1. IN ANY ACTION OR PROCEEDING TO RECOVER DAMAGES FOR PERSONAL INJURY, INJURY TO PROPERTY, OR WRONGFUL DEATH PURSUANT TO SECTION TWO HUNDRED FORTY, SUBDIVISIONS ONE THROUGH FIVE OF SECTION TWO HUNDRED FORTY-ONE, OR SECTION TWO HUNDRED FORTY-ONE-A OF THE LABOR LAW, WHERE SAFETY EQUIPMENT OR DEVICES HAVE BEEN MADE AVAILABLE, AND A PERSON EMPLOYED OR OTHERWISE ENTITLED TO THE PROTECTION OF THE PROVISIONS OF SUCH SECTION HAS FAILED TO FOLLOW SAFETY INSTRUCTION OR SAFE WORK PRACTICES IN ACCORDANCE WITH TRAINING PROVIDED, OR FAILED TO UTILIZE PROVIDED SAFETY EQUIPMENT OR DEVICES, OR ENGAGED IN A CRIMINAL ACT OR WAS IMPAIRED BY THE USE OF DRUGS OR ALCO- HOL, AND SUCH FAILURE, ACT OR IMPAIRMENT IS A PROXIMATE CAUSE OF AN INJURY TO SUCH PERSON, THE CONDUCT ATTRIBUTABLE TO SUCH PERSON SHALL NOT BAR RECOVERY, BUT THE AMOUNT OF DAMAGES OTHERWISE RECOVERABLE SHALL BE DETERMINED IN ACCORDANCE WITH SECTION FOURTEEN HUNDRED ELEVEN OF THIS ARTICLE TO THE EXTENT THAT SUCH CONDUCT RELATES TO THE COMMISSION OF A CRIMINAL ACT, IMPAIRMENT CAUSED BY THE USE OF DRUGS OR ALCOHOL, THE FAILURE TO USE SAFETY EQUIPMENT OR DEVICES, THE FAILURE TO COMPLY WITH INSTRUCTIONS OR TRAINING REGARDING THE USE OF SAFETY EQUIPMENT OR DEVICES OR THE FAILURE TO OTHERWISE COMPLY WITH SAFE WORK PRACTICES IN ACCORDANCE WITH SAFETY TRAINING PROGRAMS PROVIDED TO SUCH PERSON. SUCH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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