Americans expect their tax dollars to be used wisely, whether it’s investing in basic infrastructure, schools, or public services. However, a single law in New York is inflating the cost of federally funded projects and wasting billions of dollars contributed by taxpayers from every state.This is not just a regional problem. It’s a national issue that affects every American who pays federal taxes.The Scaffold Law, a 19th-century statute that exists only in New York, imposes absolute liability on contractors and property owners for gravity-related construction injuries, regardless of the worker’s fault. All 49 other states use comparative liability, a common-sense standard that assigns responsibility based on actual fault. The law dates to 1885, long before modern safety regulations and standards were put in place. Today, it’s abused by bad actors who stage accidents and manufacture claims, propping up a cottage industry of medical and legal providers who profit from high payouts.
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While New York stands alone with this law, taxpayers everywhere are footing the bill with staggering consequences. Reports estimate that the absolute liability law adds up to 10% to all construction costs compared with other states and about $785 million annually to public construction costs. These inflated expenses affect everything from schools and roads to transit systems and housing units.
