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S5339Senate2015-2016 SessionSame asA7190

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

Sponsor Ruben DiazSD-32Affects Local Government
Status
In Senate Committee
Local Government
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Local Government

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Who cares

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Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

No co-sponsors yet.

History

  1. Referred to local government
  2. Referred to local government

Companion bill

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.