House Bill Targets Absolute Liability

The Infrastructure Expansion Act of 2025 would replace rigid liability rules with comparative negligence standards for elevation-related injuries on projects receiving federal aid.

A new bill introduced in the House of Representatives on May 21, 2025, aims to reform liability standards for construction projects receiving federal financial assistance.

Titled the Infrastructure Expansion Act of 2025 (H.R. 3548), the legislation would bar the use of absolute liability in injury claims involving elevation or gravity-related risks on federally supported infrastructure and transportation developments.

Under current laws in some states—such as New York’s Scaffold Law—property owners and contractors can be held absolutely liable for worker injuries sustained in falls or elevation-related incidents, regardless of the worker’s own actions. H.R. 3548 seeks to preempt such laws by requiring the application of comparative negligence instead. This would allow courts to consider whether the injured party contributed to the incident, such as by failing to use safety equipment, being impaired, or engaging in criminal conduct.

If passed, the law would apply to projects that receive direct or indirect federal support, including grants, tax credits, or federal permits. It would override conflicting state laws and shift jurisdiction of related claims to federal courts. Notably, workers’ compensation laws would remain unaffected.

Supporters of the bill argue that eliminating absolute liability would reduce insurance costs, encourage infrastructure development, and promote fairness by holding all parties accountable based on their level of responsibility. Critics may contend that it could weaken protections for workers in high-risk environments.

Sponsored by Rep. Nick Langworthy (R-NY) and co-sponsored by Reps. Claudia Tenney and Elise Stefanik, the bill reflects growing concern about the chilling effect of rigid liability standards on public and private construction investment. If enacted, the law would take effect for projects accepting federal aid on or after January 1, 2026.🀰