Bill Text: NY A03737 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to damages recoverable when contributory negligence or assumption of risk is established in cases involving building construction, demolition and repair work.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-01-31 - referred to judiciary [A03737 Detail]

Download: New_York-2019-A03737-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3737
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by  M.  of  A.  McDONALD, SCHIMMINGER, CROUCH, ORTIZ, GALEF,
          RIVERA, STEC, D'URSO, LAWRENCE, DiPIETRO,  TAYLOR  --  read  once  and
          referred to the Committee on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to damages
          recoverable  when  contributory  negligence  or  assumption of risk is
          established in cases involving building construction,  demolition  and
          repair work
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1411 of the civil practice law and rules, as  added
     2  by chapter 69 of the laws of 1975, is amended to read as follows:
     3    § 1411. Damages recoverable when contributory negligence or assumption
     4  of  risk  is  established. In any action to recover damages for personal
     5  injury, injury to property, or  wrongful  death,  the  culpable  conduct
     6  attributable  to the claimant or to the decedent, including contributory
     7  negligence or assumption of risk, shall not bar recovery, but the amount
     8  of damages otherwise recoverable shall be diminished in  the  proportion
     9  which  the  culpable  conduct  attributable  to the claimant or decedent
    10  bears to the culpable conduct which caused the damages.  Notwithstanding
    11  any judicial precedent, statute, rule or  regulation  to  the  contrary,
    12  this  section  shall apply to any action to recover damages for personal
    13  injury, injury to property or wrongful death brought under  article  ten
    14  of the labor law.
    15    §  2. This act shall take effect on the first of January next succeed-
    16  ing the date upon which it shall have become a law and  shall  apply  to
    17  all actions commenced on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00573-01-9
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