Infrastructure Expansion Act of 2025
The Infrastructure Expansion Act of 2025 would change how liability is handled on federally funded infrastructure and transportation projects. It would bar absolute liability claims from injured workers or affiliates against property owners or contractors for injuries related to elevation- or gravity-related risks on projects that receive federal financial assistance or incentives. Instead, these claims would be governed by a comparative negligence standard, meaning fault would be allocated among parties rather than assuming the injured person bears no responsibility. The bill would preempt state-law absolute-liability standards on such projects, place these claims under exclusive federal jurisdiction, and apply only to projects where federal assistance is accepted on or after January 1, 2026. Workers’ compensation laws would remain unaffected. In short, the bill shifts liability for certain injury claims on federally funded infrastructure projects from an absolute-liability regime to a comparative-negligence regime, with federal-only courts handling these claims and federal law superseding state law.
Key Points
- 1No absolute liability for elevation- or gravity-related injuries on federally funded projects: Covered projects cannot be pursued under an absolute-liability theory against property owners or contract parties; injuries must be assessed under a fault-based framework.
- 2Comparative negligence standard: For these claims, fault (negligence) is considered, and state law would apply a comparative negligence approach rather than absolute liability when a party’s negligence contributes to an injury.
- 3Federal preemption and exclusive federal jurisdiction: The Act supersedes state absolute-liability standards and subjects all related claims to exclusive federal court jurisdiction, barring state courts from applying absolute-liability standards to covered projects.
- 4Definitions and scope: The bill defines key terms (absolute liability, covered person, elevation/gravity-related risk, federal financial assistance, project, and state) to outline who and what is covered and how risks are interpreted.
- 5Effective date and workers’ compensation: The Act applies to claims arising on projects where a state or local government accepts federal assistance on or after January 1, 2026. It does not preempt state workers’ compensation laws.