Creates an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

2 Co-sponsors

• Tony Avella
• Rich Funke

BILL NUMBER:S2940

Title of bill

An act to amend the executive law, in relation to providing an exemption from civil liability for any person who renders emergency medical care during a state declaration of disaster emergency

Purpose

This bill expands Good Samaritan protections during a declared state of emergency.

Summary of provisions

Section one adds a new subdivision five and six to section 28 of the Executive Law, and provides for increased Good Samaritan protections during a declared state of emergency. New subdivision five provides civil immunity to any person, firm or corporation, or employees thereof, who, in the performance of a contract with the state or its political subdivisions related to such emergency, causes injury or death to another or damage to any property, except in the case of gross negligence or willful misconduct. New subdivision six provides civil immunity to any person, firm or corporation, or employees thereof, who, in rendering assistance or advice in connection with such emergency at the request of the state or its political subdivisions, causes injury or death to another or damage to any property, except in instances of gross negligence or willful misconduct.

Section two provides that this act shall take effect immediately.

Justification

Throughout history, New Yorkers have come together to help one another during times of emergency and disaster. However, current law dissuades people, firms and corporations from lending emergency assistance because of the potential for civil liability in the event that their assistance or advice inadvertently results in physical injury or property damage. By extending Good Samaritan protections to those assisting during a state of emergency, we can ensure that all available personnel and resources will avail themselves, without fear of being sued for unintentional and/or unforeseeable consequences.

Legislative history

S.2799 of 2013/14: Reported and Committed to Finance S.5305 of 2011/12: Reported and Committed to Finance

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.