This bill aims to prevent the imposition of absolute liability on property owners and contractors for injuries occurring on infrastructure and transportation development projects that receive federal financial assistance, benefit from federal tax incentives, or are subject to federal permitting requirements. Specifically, it precludes actions based on absolute liability for injuries related to elevation or gravity-related risks. For these covered projects, the legislation mandates that states cannot apply absolute liability for such risks. Instead, a comparative negligence liability standard must be applied to claims where negligence is a proximate cause of an injury and state law would otherwise impose absolute liability. Absolute liability is defined as liability imposed without considering the injured person's responsibility, such as failing to follow safety instructions or using safety equipment. The Act establishes federal preemption, superseding any state law that imposes absolute liability standards for elevation or gravity-related risks on these federally supported projects, thereby requiring states to adopt comparative negligence standards. Furthermore, all claims arising under this Act will fall under the exclusive jurisdiction of Federal courts, preventing state courts from applying absolute liability. This measure does not, however, preempt state workers' compensation laws and applies to claims from projects accepting federal assistance on or after January 1, 2026.
This bill aims to prevent the imposition of absolute liability on property owners and contractors for injuries occurring on infrastructure and transportation development projects that receive federal financial assistance, benefit from federal tax incentives, or are subject to federal permitting requirements. Specifically, it precludes actions based on absolute liability for injuries related to elevation or gravity-related risks. For these covered projects, the legislation mandates that states cannot apply absolute liability for such risks. Instead, a comparative negligence liability standard must be applied to claims where negligence is a proximate cause of an injury and state law would otherwise impose absolute liability. Absolute liability is defined as liability imposed without considering the injured person's responsibility, such as failing to follow safety instructions or using safety equipment. The Act establishes federal preemption, superseding any state law that imposes absolute liability standards for elevation or gravity-related risks on these federally supported projects, thereby requiring states to adopt comparative negligence standards. Furthermore, all claims arising under this Act will fall under the exclusive jurisdiction of Federal courts, preventing state courts from applying absolute liability. This measure does not, however, preempt state workers' compensation laws and applies to claims from projects accepting federal assistance on or after January 1, 2026.