What's happening
This bill requires property occupants to warn and protect pedestrians from open cellar doors on sidewalks, with escalating civil penalties for violations.
Why it matters
Places a clear legal responsibility on property occupants and managers. not just owners—to actively prevent pedestrian accidents involving open cellar doors, potentially affecting a wide range of businesses and tenants.
Defines what counts as “adequate safeguards”. (like traffic cones), giving both property managers and enforcement officials a more concrete standard for compliance, which could help reduce ambiguity in liability cases.
Implements escalating financial penalties for repeated violations within a year. , creating a stronger incentive for property occupants to maintain safer sidewalk conditions and address dangerous situations promptly.
Could significantly reduce injuries and related lawsuits. by establishing a proactive requirement for visible warnings and barriers, possibly lowering insurance claims and municipal liability related to sidewalk cellar door accidents.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Cellar Door Safeguards
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8579
2017-2018 Regular Sessions
IN ASSEMBLY
July 10, 2017
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to protecting pedestrians from open cellar doors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general obligations law is amended by adding a new section 9-107 to read as follows:
§ 9-107. Duty to warn against and guard from open cellar doors; property occupants' duties. 1. Every owner, lessee, tenant, occupant, or other person, having charge of any building abutting any street where the sidewalk is paved, shall have a duty to warn against and guard pedestrians from an open cellar door or grate located in or on such sidewalk. Adequate safeguards may include, but shall not be limited to, a barrier of traffic cones around the opening.
2. Any person violating the provisions of subdivision one of this section shall be liable and responsible for a civil penalty of not less than one hundred dollars nor more than one hundred fifty dollars for the first violation, except that for a second violation of subdivision one within any twelve-month period such person shall be liable for a civil penalty of not less than one hundred fifty dollars nor more than two hundred fifty dollars and for a third or subsequent violation of subdivision one within any twelve-month period such person shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than three hundred fifty dollars.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10371-02-7
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.