The bill introduces a comparative negligence liability standard, allowing claims against property owners or contractors to take into account any negligence on the part of the injured person. This reform is expected to impact state laws, as it could lead to significant changes in how liability is determined in construction-related injuries, especially in cases involving federal projects. Furthermore, the introduction of this standard is aimed at alleviating the burden of liability that contractors and property owners might face, thereby encouraging more participation in federally-funded projects.
Summary
House Bill 2542, titled the 'Infrastructure Expansion Act of 2023', seeks to amend the liability framework for injuries associated with projects receiving federal financial assistance for infrastructure and transportation development. The core provision of the bill precludes the establishment of absolute liability for property owners or contractors, specifically in cases where injuries are tied to elevation or gravity-related risks. This means that, when a project is funded by federal assistance, individuals who suffer injuries cannot sue property owners or contractors on a basis that does not consider their own potential negligence.
Contention
Opponents of HB2542 may argue that the bill lacks sufficient protections for injured parties, potentially enabling negligent practices in construction and infrastructure development. Critics could be concerned that by limiting liability, the bill pressures workers to solely bear the burden of safety compliance. Moreover, there is anxiety that the comparative negligence standard might not effectively hold contractors accountable for inadequate safety measures, ultimately compromising worker safety.
Provisions
The bill also explicitly states that it does not preempt state workers’ compensation laws, ensuring that existing worker protections remain in place. Going into effect for claims arising from projects that accept federal financial assistance after January 1, 2025, HB2542 aligns with a broader legislative trend promoting infrastructure development while also navigating the complexities of liability and worker safety.