Enacts the "Steven Kovacs Law" to impose an affirmative duty upon a host to render assistance to a guest on private premises in the event of a medical emergency

BILL NUMBER:S7560A

Title of bill

An act to amend the general obligations law, in relation to enacting the "Steven Kovacs Law" to impose an affirmative duty upon a residential host to render assistance to a guest on private premises in the event of a medical emergency

Purpose

This legislation will make a social host liable for failing to notify emergency responders when a guest becomes incapacitated on the host's private premises.

Summary of provisions

Section one cites the title of the bill as the "Steven Kovacs Law."

Section two defines a host as a person having control over a private premises, and sets forth other relevant definitions of guest and private premises. Furthermore the bill imposes liability over a host, who is present and has actual knowledge that a guest on their private premises is suffering or has suffered a medical emergency, for failing to give reasonable assistance, including notifying an emergency responder.

Section three sets the enacting date on the sixtieth day after it shall have become a law.

Justification

Every year New York residents are injured and many die as the result of medical emergencies that go unreported to emergency responders who can render first-aid to those in need of such assistance. One of the numerous cases that led to the need for this legislation is the incident involving Steven Kovacs, a young man who was left to die in a private residence following a social gathering. Mr. Kovacs illness was known to the social host in charge of the premises and yet no emergency notification was made to provide Mr. Kovacs with basic medical aid that may have saved his life. Most often, people fall victim to overindulgence of alcohol and narcotics during social events at private premises as well as commercial establishments such as bars, clubs and concerts.

Unfortunately, the lack of a legal obligation-of the social host in charge of the premises to notify emergency responders of a medical emergency once they become aware of such an emergency results in countless deaths and serious injuries which may be prevented by obligating the social host to make such a notification. This act shall affirm as a matter of public policy, the obligations of the social host to notify medical responders to a scene in order to

provide the victim of such an emergency the best possible chance of surviving.

Fiscal impact

None.

Effective date

This act shall take effect on the sixtieth day after becoming law.