Letter: Make The Most Of Funding Allocated For Infrastructure Projects

To the Editor:

Funding for water infrastructure projects across New York, including nearly $4.5 million for Hudson Valley communities, will be partially wasted on liability costs thanks to the lawyer-friendly Scaffold Law. The state’s $725 million public investment will be stretched thin, with litigation delaying projects and leaving taxpayers with less than they paid for,

Passed over a century ago, the Scaffold Law holds property owners and contractors entirely liable for height-related injuries sustained on work sites, even if the injured party was at fault. As a result, infrastructure improvements in New York are consistently bogged down by legal defense fees, settlements, and judgments from Scaffold Law claims.

 The Scaffold Law was enacted at a time when few safety precautions existed and is no longer relevant on modern work sites. All parties must be equally invested in safety, and liability should be based on actual responsibility. More than protecting workers from injuries, this law serves to enrich plaintiffs’ attorneys, who target working class communities to encourage litigation and collect maximum sums in fees. 

 Especially now, when New York is awash with one-time funding from the federal government, we must make the most of funding allocated for infrastructure projects. Governor Hochul and the state legislature must stand up to the influence of the trial bar and fix and update the Scaffold Law. Doing so will save critical funding for improvements in water infrastructure while contributing to a healthier and more just liability environment for New York. 

 Tom Stebbins, Executive Director, the Lawsuit Reform Alliance of New York