New York Law (NYLE) Practice Exam

New York and State X law differ as to the obligation of a property owner to provide properly erected scaffolding for workers engaged in construction on the property. A worker who resides in State X was injured in State X in a fall from a scaffold while constructing a building on property owned by a New York resident. If the construction worker brings an action against the property owner in New York, what law governs the property owner's liability for failure to provide safe scaffolding?

1. New York law, because the property owner is a resident of New York.

2. New York law, because the action is pending here.

3. State X law, because the construction worker is a resident of State X.

4. State X law, because the accident happened there.

The correct answer is: State X law, because the accident happened there.

The guiding principle in this scenario involves the concept of "choice of law," specifically focusing on torts related to personal injury. Here, the construction worker was injured in State X, which indicates that the event resulting in the injury occurred within its jurisdiction. Generally, the law of the place where the tort (in this case, the injury resulted from a fall) occurred governs liability. This principle aims to ensure that the laws applicable to the situation are relevant to the circumstances surrounding the accident and reflect the local standards of care. In tort cases, particularly those concerning safety regulations like scaffolding laws, the jurisdiction where the injury happened usually applies the law, regardless of the residency of the parties involved. Therefore, in this situation, since the injury took place in State X, the construction worker may invoke State X's safety provisions and liability standards regarding scaffolding. Thus, the property owner's obligation to provide properly erected scaffolding is governed by State X law due to the accident occurring in that jurisdiction. This approach is consistent with the legal understanding that when considering liability for an accident, the laws of the jurisdiction where the incident occurred are most appropriate to apply, ensuring that local legislative intentions regarding safety and risk are upheld.