H.R.3548 - Infrastructure Expansion Act of 2025 (119th Congress)
Summary
H.R.3548, the Infrastructure Expansion Act of 2025, aims to modify liability standards for infrastructure and transportation projects receiving federal financial assistance. It seeks to preclude absolute liability for property owners and contractors in cases of injury related to elevation or gravity risks. The bill mandates a comparative negligence standard and establishes federal court jurisdiction over related claims, preempting state laws that impose absolute liability.
Expected Effects
The primary effect of this bill would be to shift the liability standard from absolute liability to comparative negligence for specific infrastructure projects. This change could reduce the financial risk for property owners and contractors involved in these projects. States would be required to adopt comparative negligence standards for claims arising under covered projects.
Potential Benefits
- Reduced financial risk for property owners and contractors involved in infrastructure projects.
- Potentially lower insurance costs for these parties.
- Increased willingness of companies to participate in federally funded infrastructure projects.
- Standardized liability standards across states for federally funded projects.
- Clarification of legal responsibilities and jurisdiction in cases of injury.
Potential Disadvantages
- Potential reduction in compensation for injured workers due to the shift to comparative negligence.
- Increased difficulty for injured parties to prove negligence and receive compensation.
- Possible increase in litigation as parties dispute the degree of negligence.
- Preemption of state laws, potentially infringing on state sovereignty.
- Shift of legal burden from companies to injured individuals in proving negligence.
Constitutional Alignment
The bill's federal preemption clause (Section 2(c)) raises questions regarding the balance of power between the federal government and state governments, potentially implicating the Tenth Amendment. The establishment of exclusive federal court jurisdiction (Section 2(d)) aligns with Article III, Section 2, which defines the scope of federal judicial power. However, the extent of federal intervention into areas traditionally regulated by states could be debated under principles of federalism.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).