33 - Navigating the Maze: Understanding Strict Liability and Fraud in NYC Construction Claims
Navigating Fraud, Funding, and Liability in NY Construction Claims with Jeff Miragliotta of Kahana Feld
In this episode of The Claim Hunter podcast, host Chris Tidball sits down with Jeff Miragliotta, Managing Partner of the New York office of Kahana Feld, to unpack the high-stakes world of construction accident claims in New York City. With over 15 years of experience litigating complex labor law cases involving bodily injury, Jeff shares expert legal insights into New York’s strict liability standards, recent legal trends, and emerging challenges facing contractors, attorneys, and insurance carriers alike.
Strict Liability, Nuclear Verdicts, and the Growing Role of Fraud
New York’s Labor Law Section 240—commonly referred to as the “scaffold law”—imposes strict liability on property owners and contractors for height-related construction accidents, even if the injured worker engaged in risky or negligent behavior. Jeff breaks down what this means for legal teams and how proactive site safety, proper documentation, and compliance with fall protection standards can strengthen the defense.
Jeff also discusses the rise of third-party litigation funding and nuclear verdicts, both of which are reshaping how defense firms and insurers approach case strategy. He highlights the need for greater transparency and regulatory oversight in funding arrangements, and how insurance carriers can respond with aggressive, evidence-based defenses.
The episode also dives into the challenges of fraud in construction claims, particularly in cases involving unwitnessed accidents in downstate New York. Jeff emphasizes the importance of surveillance systems, inter-firm collaboration, and data analytics to detect patterns of abuse and defend against inflated or fraudulent claims.
About Jeff Miragliotta
Jeff Miragliotta is the Managing Partner of the New York office at Kahana Feld, a national law firm known for its litigation expertise and trial-readiness. Jeff focuses on New York Labor Law, construction accident defense, and insurance litigation, bringing over 15 years of experience to the courtroom.
About Kahana Feld
Kahana Feld is a national litigation and business law firm representing clients in insurance defense, construction law, and complex commercial disputes. Their team is trusted for delivering trial-ready representation and industry-specific legal strategies.
Links Mentioned in This Episode
Key Episode Highlights
Strict liability under Labor Law 240 makes construction site owners liable—even if workers are negligent
RICO lawsuits and litigation funding are reshaping how defense firms must prepare
Unwitnessed accidents and fraud remain rampant in downstate New York—surveillance and collaboration are key defenses
Insurers and legal teams must foster open communication and use data analytics to detect fraudulent patterns
Defense wins come down to trial readiness, documentation, and strong partnerships with insurance carriers
To learn more about strategies for tackling fraud, funding challenges, and liability in construction claims, visit ChrisTidball.com and, if you're a qualified guest with insights to share, apply to be featured on The Claim Hunter podcast.
🔗 Link to this episode: https://player.captivate.fm/episode/cfcd8def-d334-4cba-ad8d-c8a0c1d41271/
