Project Lawsuit Abuse:
Stories from the Frontlines of Lawsuit Abuse

Guest Blogger: Tom Stebbins, Lawsuit Reform Alliance of New York

Editor's Note: Project Lawsuit Abuse regularly highlights lawsuit abuse news from across the country. Today, Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, contributed a guest post for Project Lawsuit Abuse.

The Lawsuit Reform Alliance of New York recently joined forces with a coalition of various groups including the Business Council of New York State, NFIB and the Associated General Contractors of New York State in an effort to reform New York’s century old Scaffold Law.   

Under current law, contractors, employers and property owners are held absolutely liable for “elevation related injuries” even if they are not at fault.  As it stands, if an employee is intoxicated, violating safety standards or committing a criminal act, the employer is still held liable. 

The coalition is fighting to reform this outdated law by supporting Assembly Bill 2835 (D- Morelle).  This bill would give New York property owners, business owners, contractors and municipalities the chance to defend themselves in court.  The reform would not prevent injured workers from bringing lawsuits for legitimate injuries; nor would it prevent injured workers from receiving workers’ compensation benefits.  It would simply to bring fairness to our legal system. 

New York remains the only state in the nation where a worker is not held responsible for his or her own negligence.  Illinois was the last to reform the law, in 1995, and the effect was immediate: 50,000 new jobs and a sharp decrease in workplace injuries.  By reforming the law, New York can improve workplace safety by encouraging personal responsibility.

The coalition has launched a new website – www.scaffoldlaw.org – to educate New Yorkers about the issue and to encourage grassroots supporters to contact their legislators to express their support for reform.

The tremendous costs of the Scaffold Law are passed along to all New Yorkers. Since there is virtually no defense against a million-dollar Scaffold Law suit, the cost of general liability insurance in New York is extremely high, driving up costs for all construction projects, including taxpayer-funded projects like infrastructure improvements and school construction.

The time for change is now, visit www.scaffoldlaw.org today to make you voice heard and help to reform this antiquated and outdated law.

Tom Stebbins has been involved in bringing jobs and economic development to New York since graduating from the MBA program at Cornell University in 2007.  Before becoming the executive director of the Lawsuit Reform Alliance of New York, Tom was a project manager for Horizon Wind Energy, where he developed multiple commercial-scale wind farms in New York and the Northeast United States.  Prior to joining Horizon, Tom worked for PBS flagship station WGBH-TV, where he coordinated the national marketing and promotion efforts for programs such as NOVA, Masterpiece Theatre and Antiques Roadshow. Tom is personally devoted to the issue of head injury and has worked with his family to build three homes dedicated to the care of people affected by head injury.  He has a bachelor’s degree from Vassar College and an MBA from Cornell University.  Tom currently lives in the Albany area with his wife and two children.