Senate Bill S707

2019-2020 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

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Sponsored By

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

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2019-S707 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1414, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S707

2019-S707 (ACTIVE) - 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.

2019-S707 (ACTIVE) - Sponsor Memo

2019-S707 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    707
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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:
   § 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
 TRAINING PROGRAMS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, COURSES IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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