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A6349Assembly2017-2018 Session

Hold Cities Accountable for Negligence

Official title

“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 N. Nick PerryAD-58+3 co-sponsorsAffects Local Government
Status
In Assembly Committee
Local Governments
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Governments

What's happening

This bill, called "Ariel's Law," makes municipalities liable for negligence if anyone contacts them about an emergency injury, regardless of the injured party's awareness.

Why it matters

  1. Expands municipal liability. By establishing a "special relationship" between a municipality and any injured person when anyone (not just the injured person or their family) contacts the municipality about an emergency, it significantly broadens situations where municipalities can be sued for negligence.

  2. Removes requirement for injured party's awareness. Municipalities could be held liable even if the injured person is unaware that someone else contacted authorities on their behalf, closing a legal gap that often prevented victims from seeking damages.

  3. Potentially increases municipal accountability. This law could lead municipalities to improve their emergency response protocols, training, and internal communication, knowing that they can be held liable more easily if they fail to act on emergency notifications.

  4. May affect insurance and costs for local governments. The broadened liability could result in more lawsuits and higher payouts, potentially leading to increased insurance costs or changes in how municipalities approach risk management and emergency services.

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Who cares

Headline styles

Hold Cities Accountable for Negligence

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
N. Nick Perry

Assembly Member · Assembly District 58

2 Multi-sponsors

History

  1. Referred to local governments
  2. Referred to local governments

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6349

2017-2018 Regular Sessions

IN ASSEMBLY

March 2, 2017

Introduced by M. of A. PERRY, KEARNS, GOTTFRIED, ORTIZ, PICHARDO -- Multi-Sponsored by -- M. of A. RIVERA, SIMON -- read once and referred to the Committee on Local Governments

AN ACT to amend the general municipal law, in relation to municipal liability for negligence

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. This act shall be known and may be cited as "Ariel's Law".

§ 2. The general municipal law is amended by adding a new section 50-o to read as follows:

§ 50-o. Municipal liability or negligence if a witness contacts the municipality. In an emergency situation where an injured party is unable to act on his or her behalf, a special relationship with a municipality shall be established for the purposes of a negligence claim when any individual, regardless of his or her relationship to the individual, places a call or any other form of contact to a representative of the municipality pertaining to the occurrence of the injury. It shall not be required that the injured party be aware or have knowledge at the time that the call or contact was made on his or her behalf.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06338-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.