What's happening
This bill voids and makes unenforceable any snow or ice removal contract requiring service providers to cover a client's own negligence.
Why it matters
Shifts liability for negligence. The bill stops property owners (service receivers) from contractually pushing their own legal responsibility for accidents or injuries caused by their own negligence onto snow removal contractors, meaning each party must be accountable for their own actions.
Protects small businesses and contractors. By making these indemnity clauses void, the law protects snow and ice removal service providers—often small businesses—from bearing the financial and legal burden of someone else's mistakes, which could otherwise result in costly lawsuits or insurance claims.
Could impact contract negotiations and insurance. Service receivers (property owners or managers) may need to reconsider their risk management and insurance coverage, since they can no longer shift liability through contracts, potentially increasing their costs or changing how contracts are negotiated.
Clarifies and standardizes responsibility. The bill provides clear legal definitions and boundaries for what snow removal and ice control contracts can and cannot require, reducing confusion and potential legal disputes regarding who is responsible for damages or injuries.
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Who cares
Headline styles
Ban Snow Removal Indemnity
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Stop Snow Contract Indemnity
In Assembly Committee · Judiciary · Sponsor Brian D. Miller
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3703
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sen. LARKIN -- 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 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
S. 3703 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.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to making certain agreements in snow removal and ice control services void and unenforceable
Purpose
To provide that any provision in a snow removal and de-icing services contract that purports to indemnify or hold harmless a service receiver from or against liability for loss or damage resulting from the negligence or omissions of the recipient of the services is against public policy of this State and is void and unenforceable.
Summary of provisions
Section 1: Amends Section 5-101 of the General Obligations Law by adding three new subdivisions which define the meaning of "service provider", "service receiver" and "snow removal and ice control services contract" as used in section 5-319.
Section 2: Provides that agreements requiring snow removal and ice control service providers to indemnify service receivers for negligence are void and unenforceable.
Section 3: Effective Date.
Existing law
Current law does not delineate clearly that any agreement by a snow removal and ice control services receiver that purports to indemnify the service receiver for their own negligence is void and unenforceable as against public policy.
Justification
According to the Accredited Snow Contractors Association, general liability insurance expenses for a snow contractor average three times the insurance expenses for similar policies. This insurance expense is driven by a number of factors. One of these factors is that through the use of indemnification language and hold harmless agreements, property owners attempt to pass on all liability for any accident or incident on their property. Should a snow removal or ice control services contractor refuses to sign these agreements they run the risk of the property owner refusing to give them the contract and they lose the work. This legislation would clarify that any agreement by a snow removal and ice management service receiver that purports to indemnify the service receiver for their own negligence is void and unenforceable as against public policy.
Legislative history
2016: S7282-Referred to Judiciary
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.