What's happening
This bill grants immunity from liability to businesses and nonprofits that assist crime victims seeking emergency help on their premises, except in cases of gross negligence.
Why it matters
Encourages businesses and nonprofits to help crime victims. By protecting these entities from most lawsuits if they allow crime victims to stay and call for help, the law may make them more willing to offer safe refuge and emergency assistance.
Defines clear limits on liability. The bill still holds businesses and nonprofits responsible if their gross negligence causes harm, ensuring they can’t act recklessly or irresponsibly without consequence.
Potentially increases public safety. Making it safer for organizations to assist crime victims could lead to more individuals receiving timely aid in emergencies, possibly reducing the severity of injuries or further harm.
Addresses concerns about legal risk. Many organizations hesitate to get involved with crime victims out of fear of lawsuits; this law aims to remove that barrier, which could foster a more supportive environment for those in crisis.
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Who cares
Headline styles
Protect Businesses Helping Victims
Plain English, a few words. Used as the page title.
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.
Protect Businesses Helping Victims
In Assembly Committee · Judiciary · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3233
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. GIANARIS, AVELLA, BRESLIN, DILAN, MONTGOMERY, PARK- ER, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to granting immunity from liability for personal injury, death or property damage incurred by a victim of a crime while seeking assistance upon the premises of a business entity or not-for-profit corporation
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9-103 of the general obligations law is amended by adding a new subdivision 2-a to read as follows:
2-a. an owner, lessee or occupant of a premises, which is operated as a business entity or not-for-profit corporation, who provides assistance to a victim of a crime by allowing such victim to remain upon such premises for the purpose of summoning a police officer and/or emergency medical personnel, shall assume no responsibility for or incur liability for any personal injury, death or property damage sustained by the crime victim while upon such premises in the course of seeking assistance, unless it is established that such injury or death was caused by gross negligence on the part of such business entity or not-for-profit corporation.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04208-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to granting immunity from liability for personal injury, death or property damage incurred by a victim of a crime while seeking assistance upon the premises of a business entity or not-for-profit corporation
Purpose
This legislation puts businesses and not-for-profit corporations on the same footing as individuals who are encouraged by the law to act in good faith to help during an emergency. The bill incentivizes businesses and not-for-profit corporations to provide residents with easy access to a "safe haven" in which they can seek safety and/or assistance.
Summary of provisions
Section one amends Section 9-103 of the general obligations law by adding a new section 2-a. The proposed legislation grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or not-for-profit corporation seeking assistance unless it is established that such injuries were or such death was caused by gross negligence on the part of such business or not-for-profit corporation.
Section two establishes that this law shall take effect on the sixtieth day after it shall have become law.
Justification
This legislation is designed to address an immediate and pressing legislative gap in the laws of New York state pertaining to the necessary public/private partnerships' and activities needed in the face of the growing risk of community emergency situations. New York state "Good Samaritan" laws leave significant gaps of liability exposure for both business entities and not-for-profit corporations that are willing to assist in the response to an emergency situation. Under state law, the current "Good Samaritan" liability protections only cover individuals acting in good faith to assist others. This gap can lead to hesitation or lack of coordination on the part of businesses and not-for-profit corporations providing assistance during an emergency.
This simple legislative step needs to be taken now to remove the disincentives against, and increase the motivation for, business and not-for-profit corporations stepping forward as "safe havens" in order to develop the practical networks needed to protect the public.
Legislative history
2016: Died in Judiciary 2015: Died in Judiciary 2014: Senate Bill 607 (Gianaris) - Died in Senate Judiciary Committee 2012: Senate Bill 6130 (Gianaris) - Died in Senate Rules Committee 2012: Assembly Bill 8911(Simotas) - Died in Assembly Judiciary Commit- tee
Fiscal implications
None.
Effective date
The sixtieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.