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S2153Senate2019-2020 SessionSame asA868

Protect Helpers from Lawsuits

Official title

“Grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or nonprofit seeking assistance”

Sponsor Michael GianarisSD-12+3 co-sponsorsAffects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill grants immunity from liability to businesses and nonprofits that assist crime victims on their premises, except in cases of gross negligence.

Why it matters

  1. Encourages businesses and nonprofits to help crime victims. by reducing their fear of being sued if someone is injured or suffers property damage while seeking emergency help on their premises.

  2. May improve public safety and access to emergency services. since more establishments could feel comfortable offering refuge or assistance to people fleeing a crime or in need of urgent aid.

  3. Sets a higher standard for liability (“gross negligence”). meaning victims could still sue if the business or nonprofit acted with extreme carelessness, but not for ordinary accidents or mistakes, balancing protection for helpers and accountability for egregious misconduct.

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Who cares

Headline styles

Protect Helpers from Lawsuits

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

Sponsors

Primary sponsor
Michael Gianaris

Senator · Senate District 12

History

  1. Referred to judiciary
  2. 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.

A868Assembly

Protect Businesses Helping Victims

In Assembly Committee · Judiciary · Sponsor Aravella Simotas

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

2153

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

Introduced by Sens. GIANARIS, BRESLIN, MONTGOMERY, PARKER -- 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.

LBD01484-01-9

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 assist- ance upon the premises of a business entity or not-for-profit corpo- ration

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 legis- lative 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 disin- centives against, and increase the motivation for, business and not-for- profit corporations stepping forward as "safe havens" in order to devel- op the practical networks needed to protect the public.

Legislative history

2018: Died in Judiciary 2017: Died in Judiciary 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.