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:S1178B

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 requires a host to notify emergency responders when they have actual knowledge of a medical emergency of a guest 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 over eighteen years of age 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 Yorkers are seriously injured and many die as the result of medical emergencies that go unreported to emergency responders who could have rendered first-aid to those in need of such assistance. One of the numerous cases that led to the need for this legislation is an incident involving Steven Kovacs, a young man who was left to die in a private residence following a social gathering. Mr. Kovacs' serious medical state was known to the person in charge of the premises and yet no emergency notification was made that could have provided Mr. Kovacs with basic medical aid and possibly saved his life.

Unfortunately, the lack of any obligation to notify emergency responders of a medical emergency once they become aware of such an emergency results in countless avoidable deaths and serious injuries which could have been prevented had such a notification been attempted. This act shall affirm as a matter of public policy, the obligations of a residential host to simply notify emergency personnel in order to provide the victim of such an emergency the best possible chance of surviving, as one would expect any reasonable person to do. The mere act of notification of emergency responders by the host or any other person at the premises is a complete defense against any claim for damages.

Prior legislative history

S. 7650-A (2012)

Fiscal impact

None.

Effective date

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