Bill Text: NY S06876 | 2017-2018 | General Assembly | Introduced

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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: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S06876 Detail]

Download: New_York-2017-S06876-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6876
                               2017-2018 Regular Sessions
                    IN SENATE
                                   September 20, 2017
                                       ___________
        Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        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 January 1, 2018 and shall apply to all
    16  actions commenced on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09848-01-7