What's happening
This bill makes New York State liable for highway defect damages if it has notice of the defect, broadening previous limitations.
Why it matters
Expands state accountability. By making New York liable for damages from highway defects when it has actual or constructive notice, the state is incentivized to address dangerous conditions more promptly, potentially improving public safety for drivers and pedestrians.
Removes seasonal limitation. The bill eliminates the previous restriction that limited liability to only part of the year (May 1 to November 15), meaning the state can now be held responsible for defects year-round, including during winter months when road hazards like potholes are common.
Clarifies conditions for liability. The state’s liability is tied to receiving notice of the defect, which means people harmed will need to prove the state knew or should have known about the problem—possibly leading to more thorough record-keeping and inspection routines by state agencies.
Maintains some limits. The bill keeps exclusions for bridges not controlled by the state and limits state liability within incorporated villages to only the portions of the roadway that the state maintains, which helps define the scope of responsibility and potential legal claims.
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Who cares
Drivers and other state highway users
The bill would allow claims for damages from defects on state-maintained highways year-round, provided the state had actual or constructive notice of the defect.
New York State Department of Transportation
The bill would remove the seasonal limit on state liability for highway defects while making actual or constructive notice a condition of liability.
People pursuing highway damage claims
The expanded liability would apply only to causes of action accruing on or after the bill’s immediate effective date.
Headline styles
Hold State Liable for Potholes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Referred to transportation
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.
Hold State Liable for Potholes
Assembly Floor Calendar · Sponsor Thomas Abinanti
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8422
IN SENATE
May 7, 2018
Introduced by Sen. BOYLE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03322-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the highway law, in relation to state liability for defects in highways
Purpose
This bill expands the state's liability for damages suffered by individ- uals due to defects in state highways when the state has actual or constructive notice of such defects.
Summary of provisions
Section 1 of the bill amends section 58 of the state highway law to provide that the state shall be liable for damages suffered by any person for defects in state highways maintained by the state under such system as the commissioner of transportation may adopt pursuant to section twelve to of this chapter, providing the state has received actual or constructive notice of such defects.
Section 2 is the effective date.
Justification
Under current law, individuals who suffer damages due to defects in state highways may pursue these damages only if the incident occurred within the first day of May to November 15. Recent reports of three-foot wide potholes and other seemingly ongoing defects in state highways highlight the need to modify this statute and provide for more flexibil- ity to better protect New York State motorists.
This bill allows for individuals to pursue damages from the state for defects in state roads all year so long as the state has received actual or constructive notice of such defects. This bill will protect the state from lawsuits for defects it does not have notice of, while ensuring New York State taxpayers do not have to pay out-of-pocket for damages caused by a defect in a state highway that should have been repaired.
Legislative history
2015/16: A425 referred to judiciary; 2014: A9883-A referred to judiciary
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately and shall apply to any cause of action that accrues on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.