![]() an out-of-possession owner would be liable for a Section 240(1) violation caused by a contractor or subcontractor on the site of a construction or renovation project undertaken by/on behalf of that owner). This statute exposes owners and contractors to absolute liability for violations, meaning liability by status alone even if/when the owner or contractor did not actively cause, create or even contribute to the statutory violation (i.e. The "Scaffold Law" requires property owners and contractors to provide proper safety equipment to workers performing certain construction related activities which either requires them to work at a height or below a location where material and/or equipment is being used at higher levels. Section 240(1) of New York State's Labor Law, which has been nicknamed the "Scaffold Law," protects workers from height-related hazards, meaning situations where either the worker falls from a height or an object falls from a height onto the worker. Overall, the projection of these fears can be found in stricter laws and increased regulations across industries, particularly as pertains to health and safety.įor example, in 1885 New York State enacted the Labor Law aimed at providing people with a safe place to work by charging their employers with the responsibility for maintaining safe work conditions. Lawmakers may be more apt to push safety above other values, such as economic efficiency or personal responsibility. Safetyism may also influence the types and scope of laws and regulations drafted by legislators. This overarching need to avoid controversy, offense or alienation may swing too far and cause lawyers to settle or choose "safer" strategies that may not be in the best interests of their clients. It may indirectly or directly influence lawyers to employ more risk avoidance in their legal counseling and strategies. In the context of how lawyers practice law, safetyism may come into play in the way lawyers counsel their clients. It is commonly marked by risk aversion, a need to exert control and a hyperfocus on safety as well as avoiding any harm. The term first appeared in a book entitled "The Coddling of the American Mind," by Greg Lukianoff and Johnathan Haidt. Safetyism is a cultural trend that emphasizes safety and protection over other core values, such as personal responsibility. This changed dynamic is showing up in how we practice law, formulate legislation, reason as a court and make decisions as jurors. Rage often results in a place where healthy debate could once exist between individuals. As a result, an opposing statement is now more likely to set off alarm bells and throw the inner armies in motion as they march off to protect core beliefs on the topic. With more options for isolating ourselves from opposing viewpoints or facts it is easy to insulate our realities from even the suggestion of a differing opinion. This has led to a pervasive avoidance not just of physical harm but also of emotional discomfort.Īs such, we have developed the means by which to minimize exposure to emotional distress, including cable news networks, internet sites or social media accounts where we can tune into what we want to hear and avoid what we do not want to hear. With technological and medical advances, humans are safer now than ever before and people's belief that they should be absolutely free from the risk of harm or discomfort has also risen. The answer lies in the societal trend of "safetyism," which has been slowly emerging over the past few decades. They believe that if a product has the ability to hurt someone, it is defective and that if it is going to be on the market, it needs to be 100% safe. As trial lawyers, it has become increasingly clear to us that these days jurors have unrealistically high expectations about product safety and corporate safety standards. ![]()
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