What dysfunctional world will it be in years to come when everyone is not held responsible for their own actions?
If a tenant hires me to change a light bulb and I fall off my own broken ladder, do I get to sue and own the building?
Am I going to be frisked for tools whenever I enter a building? Will guards be posted at my rental in case I covertly hire a chimney sweep?
What if I have a cob-web cleaner over for lunch and he slips me a “Mickey” cleans up the place, drops an invoice in my in-box, then files suit against the building owner cause’ he was allergic to fly larvae? Wouldn’t he be in Cob-Web Heaven?
What is almost laughable is; the “mechanic” who failed in his job to properly maintain a lift is suing the building owner which had no knowledge of these trespassers.
When does someone stand up and say “I’m responsible for my own actions.”
Does that mean Politicians and Judges are pathetic Lawyers looking to grub money from everyone?
The Labor Law is a travesty and a noose around the property owner’s neck. In this case, the landlord has to rely on the indemnity clause in the lease agreement, which (hopefully) is backed by an additional insured endorsement fro, then tenant, in favor of the landlord.
Can the tenant’s carrier object to defend and indemnity because the tenant willfully(allegedly?) violated the lease? Here, the landlord has no control over the situation, but winds up being responsible because they have the deep pocket.
There is no surprise about this because of NYS Labor Law 240/241. It’s a law that has been on the books since the late 1890’s to protect the workers on “high-rise” construction jobs in NYC from financial ruin if they were injured or killed from a fall OR from a falling object. Even though worker’s comp was since instituted, this law remains on the books. The injured worker can file a WC claim and receieve full benefits AND sue his employer and property owner under their respective GL policies; it’s Strict Liability-no defense will work. It’s a windfall for the legal community but don’t blame them, they’re just playing by the rules (240/241). The blame is with the NYS Legislature for not repealing this outrageous ‘lottery’. NYS is the last state to continue this madness, no other has it on the books.
…if they were injured or killed from a fall OR from a falling object..
Thanks for the explanation.
I wrote a special event years ago at the Armory in NYC. My insd. was holding an exposition. She hired an electrical contractor to adjust some of the lighting. The contractor’s employee fell about from a ladder, about a two foot fall. My insd’s CGL carrier paid about $800,000 on that claim.
First, please excuse the spelling in my initial comment. Second, I must respectfully disagree with your comments, as the legislators (led by Speaker of the Assembly Sheldon Silver of the law firm Weitz & Luxemburg) have done everything they can to keep this law on the books. After all, the legislators are attorneys for the most part and in turn, would not repeal a law that is a winfall to their pockets. I’m not calling for a total repeal; get rid of strict liability and make it a negligence driven law.
What is so troubling about it is making sure your commecial property insureds (one and two-family residences are exempt from the law) obtain proper certs with Addt’l Insured status from any contractor type that will be working from ladders, scaffolding or on roofs. They are the unwitting victims of the law; even though they don’t control the work they are guilty….end of story.
No question that you are right about Mr. Silver but, like it or not, until this thing is repealed he and his ilk are reaping millions lawfully from this law. The sad fact is the NYS Trial Lawyers Association carries a lot more weight in Albany than the insurance or construction industries combined. I don’t think things will start to change until commercial property owners either cannot get or have to pay far more in premiums for the GL portion of their policies; and only then if the voters who own such properties start screaming to thier representatives, but I’m not going to the bank on that yet either.
Are the insurance companies losing money on policies that protect building owners from these types of cases? I doubt it. Once again its the lawyer’s fault, right. Without the lawyers bringing these suits there would be no need for the coverage and the carriers will lose their “hard earned” premiums
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What dysfunctional world will it be in years to come when everyone is not held responsible for their own actions?
If a tenant hires me to change a light bulb and I fall off my own broken ladder, do I get to sue and own the building?
Am I going to be frisked for tools whenever I enter a building? Will guards be posted at my rental in case I covertly hire a chimney sweep?
What if I have a cob-web cleaner over for lunch and he slips me a “Mickey” cleans up the place, drops an invoice in my in-box, then files suit against the building owner cause’ he was allergic to fly larvae? Wouldn’t he be in Cob-Web Heaven?
What is almost laughable is; the “mechanic” who failed in his job to properly maintain a lift is suing the building owner which had no knowledge of these trespassers.
When does someone stand up and say “I’m responsible for my own actions.”
Does that mean Politicians and Judges are pathetic Lawyers looking to grub money from everyone?
The Labor Law is a travesty and a noose around the property owner’s neck. In this case, the landlord has to rely on the indemnity clause in the lease agreement, which (hopefully) is backed by an additional insured endorsement fro, then tenant, in favor of the landlord.
Can the tenant’s carrier object to defend and indemnity because the tenant willfully(allegedly?) violated the lease? Here, the landlord has no control over the situation, but winds up being responsible because they have the deep pocket.
There is no surprise about this because of NYS Labor Law 240/241. It’s a law that has been on the books since the late 1890’s to protect the workers on “high-rise” construction jobs in NYC from financial ruin if they were injured or killed from a fall OR from a falling object. Even though worker’s comp was since instituted, this law remains on the books. The injured worker can file a WC claim and receieve full benefits AND sue his employer and property owner under their respective GL policies; it’s Strict Liability-no defense will work. It’s a windfall for the legal community but don’t blame them, they’re just playing by the rules (240/241). The blame is with the NYS Legislature for not repealing this outrageous ‘lottery’. NYS is the last state to continue this madness, no other has it on the books.
…if they were injured or killed from a fall OR from a falling object..
Thanks for the explanation.
I wrote a special event years ago at the Armory in NYC. My insd. was holding an exposition. She hired an electrical contractor to adjust some of the lighting. The contractor’s employee fell about from a ladder, about a two foot fall. My insd’s CGL carrier paid about $800,000 on that claim.
The NYS Legislature is made up of Lawyers. Hence the blame all lawyers.
First, please excuse the spelling in my initial comment. Second, I must respectfully disagree with your comments, as the legislators (led by Speaker of the Assembly Sheldon Silver of the law firm Weitz & Luxemburg) have done everything they can to keep this law on the books. After all, the legislators are attorneys for the most part and in turn, would not repeal a law that is a winfall to their pockets. I’m not calling for a total repeal; get rid of strict liability and make it a negligence driven law.
What is so troubling about it is making sure your commecial property insureds (one and two-family residences are exempt from the law) obtain proper certs with Addt’l Insured status from any contractor type that will be working from ladders, scaffolding or on roofs. They are the unwitting victims of the law; even though they don’t control the work they are guilty….end of story.
Rick:
No question that you are right about Mr. Silver but, like it or not, until this thing is repealed he and his ilk are reaping millions lawfully from this law. The sad fact is the NYS Trial Lawyers Association carries a lot more weight in Albany than the insurance or construction industries combined. I don’t think things will start to change until commercial property owners either cannot get or have to pay far more in premiums for the GL portion of their policies; and only then if the voters who own such properties start screaming to thier representatives, but I’m not going to the bank on that yet either.
this state elected a carpetbagger to be it’s jr. senator, spitzer to be the gov, plus numerous other congressmen/senators with similar mindsets.
whaddaya expect from it’s courts????
Are the insurance companies losing money on policies that protect building owners from these types of cases? I doubt it. Once again its the lawyer’s fault, right. Without the lawyers bringing these suits there would be no need for the coverage and the carriers will lose their “hard earned” premiums