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History
- Referred to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to establishing a municipality's liability for negligence when any contact is made by anyone on behalf of an injured party to a municipal representative
In Assembly Committee · Local Governments · Sponsor N. Nick Perry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5339
Title of bill
An act to amend the general municipal law, in relation to municipal liability for negligence
Purpose
The purpose of this legislation is to establish "Ariel's Law," which holds a municipality liable for any damages that are caused to an injured party due to negligence or misconduct, regardless of who contacts the municipality regarding the injured party.
Summary of provisions
Section 1. Creates Ariel's Law.
Section 2. Amends the general municipal law by adding a new section 50-o to establish a municipality's liability for negligence if a witness contacts the municipality on behalf of an injured party The bill estab- lishes that direct contact is formed when the phone call is made on behalf of the injured party, thereby creating a special relationship that is necessary between the injured party and the municipality in order to commence a claim against the municipality for misconduct
Section 3. Effective Date
Existing law
None
Justification
Four year old Ariel Russo was killed on her way to a daycare center with her grandmother by a reckless 17 year driver who only had his permit. While Ariel's grandmother was also critically injured, a bystander called for an ambulance to the scene. Ariel's death was largely attributed to the time lag between the original call for the ambulance and the time that the ambulance arrived. The family's contention of neglect by the ambulance municipality was struck down in court.
The New York County Supreme Court's decision found that there was no direct contact' between Ariel or a family member and a City represen- tative to create a 'special relationship', and therefore the Court unjustly dismissed the Russo Family's claim against the municipality. Ariel's Law would hold municipalities accountable for any neglect resulting in injury or death, by establishing a special relationship between the inured party and the municipality, regardless of who calls the municipality for medical assistance.
Prior legislative history
2014: New Bill/A.7190- Referred to Local Government
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.