I 

118TH CONGRESS 

1ST SESSION H. R. 2542 

To preclude absolute liability in any action against a property owner or 

contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2023 

Mr. WILLIAMS of New York (for himself, Ms. TENNEY, and Mr. 

LANGWORTHY) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To preclude absolute liability in any action against a property 

owner or contractor for projects receiving Federal financial assistance for infrastructure and transportation development, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Infrastructure Expan5 sion Act of 2023’’. 


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1 SEC. 2. PRESERVATION OF FEDERAL FINANCIAL ASSIST2 ANCE FOR INFRASTRUCTURE AND TRANS3 PORTATION DEVELOPMENT. 

4 (a) NO ABSOLUTE LIABILITY ON CERTAIN

5 PROJECTS.—For any project for which Federal financial 

6 assistance is used, directly or indirectly, no action on the 

7 basis of absolute liability may be instituted by a covered 

8 person against a property owner or a party to a contract 

9 relating to the property that is the subject of the project 

10 for any injury associated with an elevation or gravity re11 lated risk occurring on that project. 

12 (b) COMPARATIVE NEGLIGENCE LIABILITY STAND13 ARD FOR CERTAIN CLAIMS.—For any project for which 

14 Federal financial assistance is used, a State shall apply 

15 to any claim brought by a covered person against a prop16 erty owner or contractor for an injury associated with an 

17 elevation or gravity related risk a comparative negligence 

18 liability standard that considers the comparative neg19 ligence of the injured person for any claim in which— 

20 (1) such negligence is a proximate cause of an 

21 injury to a person; and 

22 (2) State law would otherwise apply absolute li23 ability as the basis for such claim. 

24 (c) DEFINITIONS.—In this section: 

25 (1) The term ‘‘absolute liability’’ means liability 

26 for a personal injury or death that is imposed withVerDate Sep 11 2014 21:07 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2542.IH H2542

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1 out consideration of the responsibility of the injured 

2 person, including failure to follow safety instructions 

3 or safe work practices in accordance with training 

4 provided, failure to utilize provided safety equipment 

5 or devices, impairment by the use of drugs or alco6 hol, or involvement in a criminal act, when such fail7 ure, impairment, or act is a proximate cause of an 

8 injury to such person. 

9 (2) The term ‘‘covered person’’ means any per10 son who supervises or performs any work on or who 

11 is otherwise affiliated with a project. 

12 (3) The term ‘‘elevation or gravity related risk’’ 

13 means a hazard related to the effects of gravity ei14 ther due to the difference between the elevation level 

15 of the required work and a lower level or a dif16 ference between the elevation level where the worker 

17 is positioned and the higher level of the materials or 

18 load being hoisted or secured. 

19 (4) The term ‘‘project’’ means the erection, 

20 demolition, repairing, altering, painting, cleaning or 

21 pointing of a highway, bridge, tunnel, airport, rail22 way, bus or railroad station, depot, pier, building, or 

23 any other structure owned or operated by the Fed24 eral Government or for which Federal financial as25 sistance is used. 


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1 (5) The term ‘‘State’’ includes a port authority, 

2 transit agency, public toll authority, metropolitan 

3 planning organization, or other political subdivision 

4 of a State or local government. 

5 (d) WORKERS’ COMPENSATION LAWS.—Nothing in 

6 this section shall be construed to preempt any law of a 

7 State providing for workers’ compensation. 

8 (e) EFFECTIVE DATE.—This section applies to 

9 claims arising from projects in which a State or local gov10 ernment accepts Federal financial assistance on or after 

11 January 1, 2025. 

Æ 


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