Comments on: “The trial lawyers are the single most powerful political force in Albany”

By: Max Kennerly

Max Kennerly — Tue, 06 May 2014 20:10:18 +0000

I wonder if the scaffold law saves money in the end, or at least costs far less than assumed. Here in PA, a serious fall at a construction site turns into an endless litigation fiasco, as the tough joint and several laws force plaintiffs to name everyone they possibly can, after which every defendant invests six figures into a defense to try and cram down their proportionate liability, just so, after discovery and experts, they can all pay a mediator five figures to help them reach essentially the same pay division that would’ve happened under the scaffold law. It’s a million-dollar tort reform tax on top of the same liability.

By: Turk

Turk — Tue, 06 May 2014 02:01:18 +0000

@BobLipton

Not sure what sins you are talking about. Lobbying for safety?

By: Boblipton

Boblipton — Mon, 05 May 2014 20:33:36 +0000

By all means, denounce other people’s sins rather than yours.

Bob

By: Turk

Turk — Mon, 05 May 2014 15:36:01 +0000

As a result of the Scaffold Law, NY has one of the best safety records around when it comes to construction injuries/deaths.

And the law only pertains to circumstances where there were safety violations.

New York’s trial lawyers, of course, are barely a drop in the bucket compared to the wealth and power of the real estate developers and others…see:

http://www.newyorkpersonalinjuryattorneyblog.com/2012/03/trial-lawyer-lobbying-in-albany-a-lot-or-a-little.html

By: Walter Olson

Walter Olson — Mon, 05 May 2014 15:01:29 +0000

To my surprise, one lawyer claims I'm wrong to call the New York law unique in the nation. It is true that Illinois once had a similar law, but it was repealed in 1995. Other states do provide that some accidental falls may result in liability to building owners; what makes the New York law unique is not the mere possibility of liability but the denial of ordinarily available defenses. The relatively recent SUNY Rockefeller Institute study of the law, like earlier studies, deems the New York law unique (and according to the first-linked study "A preliminary review also indicated that no other nation retains a similar law.") NYC-based personal injury lawyers readily acknowledge the New York law's uniqueness at their websites.

By: What New York’s Business Community Doesn’t Want You To Know About The Scaffold Law | The New York Medical Malpractice Law Blog

Sun, 04 May 2014 15:34:07 +0000

[…] owners, and reshaping facts (i.e., New York is the only state with worker-protective labor laws). Here is a recent example by one of its regular mouthpieces. Of course, the same type of construction law […]

By: Boblipton

Boblipton — Sun, 04 May 2014 14:35:00 +0000

Too bad there’s no one in high elected office in New York State with the character to do what’s right, isn’t it, Mr. Governor.

Bob