What's happening
This bill makes contracts that require snow removal service providers to indemnify clients for the clients' own negligence void and unenforceable.
Why it matters
Levels the playing field for small businesses. By prohibiting clauses that make snow removal contractors financially responsible for their clients’ own negligence, the bill can help protect smaller service providers from potentially ruinous liability, making it easier for them to compete for contracts.
Shifts liability to the responsible party. The bill ensures that property owners, managers, or other clients cannot shift the consequences of their own negligent actions—or those of their employees or agents—onto the contractor, which may encourage safer practices and clearer responsibility.
Could impact contract negotiations and insurance. The new rules may lead to changes in how contracts are written and could affect the cost and availability of insurance for both service providers and receivers, as risk is more clearly allocated based on actual fault.
Clarifies legal definitions and boundaries. By specifically defining terms like “service provider,” “service receiver,” and “snow removal and ice control services contract,” the bill reduces ambiguity and potential legal disputes over who is covered and what kinds of agreements are affected.
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Who cares
Headline styles
Stop Snow Contract Indemnity
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
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.
Ban Snow Removal Indemnity
In Senate Committee · Judiciary · Sponsor William J. Larkin Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6746
2017-2018 Regular Sessions
IN ASSEMBLY
March 16, 2017
Introduced by M. of A. B. MILLER -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to making certain agreements in snow removal and ice control services void and unenforceable
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5-101 of the general obligations law is amended by adding three new subdivisions 5, 6 and 7 to read as follows:
5. As used in section 5-319 of this article, the term "service provider" means any person or entity which provides services pursuant to a snow removal and ice control services contract.
6. As used in section 5-319 of this article, the term "service receiver" means any person or entity which receives services pursuant to a snow removal and ice control services contract.
7. As used in section 5-319 of this article, the term "snow removal and ice control services contract" means a contract or agreement which provides for the performance of any of the following:
a. plowing, shoveling, or other removal of snow or other mixed precipitation from a surface;
b. de-icing services;
c. any service incidental to a service described in paragraph a or b of this subdivision, including the operating or moving of snow removal or de-icing equipment or materials.
§ 2. The general obligations law is amended by adding a new section 5-319 to read as follows:
§ 5-319. Agreements requiring snow removal and ice control service providers to indemnify service receivers for negligence void and unenforceable. Every covenant, agreement or understanding in or in connection with or collateral to any snow removal and ice control
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04001-01-7
A. 6746 2
services contract, which provides any of the following, shall be deemed to be void as against public policy and wholly unenforceable:
1. requires or has the effect of requiring a service provider to indemnify a service receiver for damages resulting from the acts or omissions of such service receiver, or its employees or agents;
2. requires or has the effect of requiring a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of such service receiver, or its employees or agents; or
3. requires or has the effect of requiring a service provider to defend a service receiver against any tort liability for damages resulting from the acts or omissions of such service receiver, or its employees or agents.
§ 3. This act shall take effect immediately.
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.