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A910Assembly2017-2018 SessionSame asS8422

Hold State Liable for Potholes

Official title

“Relates to state liability for potholes on state highways”

Sponsor Thomas AbinantiAD-92+12 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 3 of 7

Floor calendar · Jan 3

What's happening

This bill makes New York State liable for damages from defects on state highways if the state had notice of the defect.

Why it matters

  1. Expands State Accountability. By making New York liable for damages from defects on state highways when the state has notice, this bill increases the government’s responsibility to maintain safe roadways, potentially improving public safety and infrastructure maintenance.

  2. Removes Seasonal Limitation. The bill eliminates prior restrictions that limited state liability for highway defects to certain months, meaning people can now seek damages for defects discovered year-round, not just between May and mid-November.

  3. Clarifies Scope and Notice Requirement. Liability applies only if the state had “actual or constructive notice” of a defect, ensuring claims are tied to situations where the state could have reasonably addressed the hazard—balancing fairness to both the public and the government.

  4. Excludes Uncontrolled Bridges and Defines Village Responsibility. The bill maintains an exemption for bridges not under state control and specifies the state's obligation within incorporated villages, clarifying the exact segments and conditions under which liability attaches, which could impact local versus state responsibilities.

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Who cares

Headline styles

Hold State Liable for Potholes

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

Sponsors

History

  1. Ordered to third reading cal.61
  2. Advanced to third reading cal.132
  3. Reported
  4. Reported referred to codes
  5. 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.

S8422Senate

Hold State Liable for Potholes

In Senate Committee · Transportation · Sponsor Phil Boyle

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

910

2017-2018 Regular Sessions

IN ASSEMBLY

January 9, 2017

Introduced by M. of A. ABINANTI, SKOUFIS, SANTABARBARA, GOTTFRIED, MOSLEY, BLAKE, BARRON, SOLAGES, COLTON, COOK, MALLIOTAKIS, ENGLE- BRIGHT, ZEBROWSKI -- Multi-Sponsored by -- M. of A. ARROYO, McDONOUGH, PERRY, PICHARDO, SIMON, THIELE -- read once and referred to the Committee on Judiciary

AN ACT to amend the highway law, in relation to state liability for defects in highways

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

Section 1. Section 58 of the highway law, as amended by chapter 1110 of the laws of 1971, is amended to read as follows:

§ 58. Liability of state for damages. The state shall [not] be liable for damages suffered by any person from defects in state highways[, except between the first day of May and the fifteenth day of November on such highways as are maintained by the state under such system as the commissioner of transportation may adopt pursuant to section twelve, but the liability for such damages shall otherwise remain as now provided by law] maintained by the state under such system as the commissioner of transportation may adopt pursuant to section twelve of this chapter, provided the state has received actual or constructive notice of such defects, notwithstanding the construction or improvement and maintenance of such highways by the state under this chapter; but nothing herein contained shall be construed to impose on the state any liability for defects in bridges over which the state has no control. Within the limits of incorporated villages the state shall maintain a width of pavement equal to the width of pavement constructed or improved at the expense of the state, if a state highway, the location of the state's portion of such roadway within said incorporated limits to be determined by the center line of the roadway as shown on the plans on file with the department of transportation and the state shall be liable for damages to persons or property only when such damage shall occur as a result of

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

[ ] is old law to be omitted.

LBD03322-01-7

A. 910 2

the defective condition of the portion of improved highway as above described.

§ 2. This act shall take effect immediately and shall apply to any cause of action that accrues on or after such effective date.

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.