assembly Bill A2835

2011-2012 Legislative Session

Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 20, 2011 referred to judiciary

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

view additional multi-sponsors

A2835 - Details

See Senate Version of this Bill:
S6816
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง1414, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A1895, S4037

A2835 - Summary

Relates to the applicability of certain provisions with respect to persons injured in the use of scaffolding and other devices for use by employees.

A2835 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2835

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by  M. of A. MORELLE, DESTITO, SCHIMMINGER, V. LOPEZ, MAGEE,
  CYMBROWITZ, GALEF, ROBINSON -- Multi-Sponsored by -- M. of A.  HOOPER,
  LUPARDO,  McENENY,  TOWNS, WEISENBERG -- read once and referred 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.
                                                           LBD05792-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.