What's happening
This bill removes limited liability protections for property owners, managers, or controllers who fail to provide legally required security.
Why it matters
Increases accountability for property owners and managers. By removing limited liability protections when legally required security is not provided, the bill makes it riskier for property owners to neglect mandated safety measures, potentially leading to increased investment in security.
Strengthens legal recourse for victims. Individuals harmed due to inadequate security on a property will find it easier to pursue full compensation from owners or managers, since those parties can no longer limit their financial responsibility through joint liability rules.
Encourages compliance with safety regulations. The threat of full liability may motivate property stakeholders to strictly follow all laws and regulations regarding security, reducing the likelihood of crime or injury on their premises.
Applies retroactively to ongoing cases. The law will not just affect future cases, but also any cases currently pending, meaning it could immediately impact a range of ongoing litigation involving property security violations.
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Who cares
Headline styles
End Security Negligence Loophole
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
1 Multi-sponsor
History
- Amended on third reading 361b
- Ordered to third reading cal.16
- Advanced to third reading cal.94
- Reported
- Print number 361a
- Amend and recommit to codes
- Reported referred to codes
- 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.
No Liability Limit for Security
In Senate Committee · Judiciary · Sponsor Brad Hoylman-Sigal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
361--B Cal. No. 16
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. PAULIN, L. ROSENTHAL, COLTON, MOSLEY -- Multi- Sponsored by -- M. of A. PERRY -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading
AN ACT to amend the civil practice law and rules, in relation to limited liability of persons jointly liable
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1602 of the civil practice law and rules is amended by adding a new subdivision 15 to read as follows:
15. not apply to any person who owns, manages, and/or controls property who is held liable for failing to provide security as required by law, rule or regulation.
§ 2. This act shall take effect immediately and shall apply to causes of action commenced or pending on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00623-04-0
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.