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S4863Senate2017-2018 SessionSame asA6349

Expand Municipal Negligence Liability

Official title

“Relates to establishing a municipality's liability for negligence when any contact is made by anyone on behalf of an injured party to a municipal representative”

Sponsor Ruben DiazSD-32Affects Local Government
Status
In Senate Committee
Local Government
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Local Government

What's happening

Ariel's Law establishes that municipalities can be held liable for negligence if anyone contacts them about an emergency injury.

Why it matters

  1. Expands municipal liability. By creating an automatic “special relationship” when any individual contacts a municipality about an emergency injury, the bill makes it easier for injured parties (or their representatives) to sue local governments for negligence—even if the injured person never knew help was being sought on their behalf.

  2. Removes barriers to legal recourse. Victims who are incapacitated or unaware of emergency calls made for them will not be barred from pursuing negligence claims against municipalities, potentially increasing accountability for municipal emergency response failures.

  3. Potentially increases municipal risk and costs. Municipalities could face more lawsuits and higher insurance premiums, as the law lowers the threshold for when a city or town could be held liable in emergency situations.

  4. Could improve emergency response incentives. By broadening municipal liability, the bill may encourage municipalities to improve emergency response training, protocols, and oversight to avoid potential negligence claims.

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Who cares

Headline styles

Expand Municipal Negligence Liability

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

Sponsors

Primary sponsor
Ruben Diaz

Senator · Senate District 32

No co-sponsors yet.

History

  1. Referred to local government

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.

A6349Assembly

Hold Cities Accountable for Negligence

In Assembly Committee · Local Governments · Sponsor N. Nick Perry

Impact 7 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4863

2017-2018 Regular Sessions

IN SENATE

March 3, 2017

Introduced by Sen. DIAZ -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law, in relation to municipal liability for negligence

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

Section 1. This act shall be known and may be cited as "Ariel's Law".

§ 2. The general municipal law is amended by adding a new section 50-o to read as follows:

§ 50-o. Municipal liability or negligence if a witness contacts the municipality. In an emergency situation where an injured party is unable to act on his or her behalf, a special relationship with a municipality shall be established for the purposes of a negligence claim when any individual, regardless of his or her relationship to the individual, places a call or any other form of contact to a representative of the municipality pertaining to the occurrence of the injury. It shall not be required that the injured party be aware or have knowledge at the time that the call or contact was made on his or her behalf.

§ 3. This act shall take effect immediately.

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

[ ] is old law to be omitted.

LBD06338-01-7

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 municipal law, in relation to municipal liability for negligence

Purpose

The purpose of this legislation is to establish "Ariel's Law," which holds a municipality liable for any damages that are caused to an injured party due to negligence or misconduct, regardless of who contacts the municipality regarding the injured party.

Summary of provisions

Section 1. Creates Ariel's Law.

Section 2. Amends the general municipal law by adding a new section 50-o to establish a municipality's liability for negligence if a witness contacts the municipality on behalf of an injured party The bill establishes that direct contact is formed when the phone call is made on behalf of the injured party, thereby creating a special relationship that is necessary between the injured party and the municipality in order to commence a claim against the municipality for misconduct

Section 3. Effective Date

Existing law

None

Justification

Four year old Ariel Russo was killed on her way to a daycare center with her grandmother by a reckless 17 year driver who only had his permit. While Ariel's grandmother was also critically injured, a bystander called for an ambulance to the scene. Ariel's death was largely attributed to the time lag between the original call for the ambulance and the time that the ambulance arrived. The family's contention of neglect by the ambulance municipality was struck down in court.

The New York County Supreme Court's decision found that there was no direct contact' between Ariel or a family member and a City representative to create a 'special relationship', and therefore the Court unjustly dismissed the Russo Family's claim against the municipality. Ariel's Law would hold municipalities accountable for any neglect resulting in injury or death, by establishing a special relationship between the inured party and the municipality, regardless of who calls the municipality for medical assistance.

Prior legislative history

2016: S.5339- REFERRED TO LOCAL GOVERNMENT:/A.7190-A -referred to local governments 2015: S.5339- REFERRED TO LOCAL GOVERNMENT:/A.7190-A - amend and recommit to local governments 2014: New Bill/A.7190- Referred to Local Government

Fiscal implications

None

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.