What's happening
This bill makes the state liable for damages from defects on state highways if it has notice of the defect.
Why it matters
Expands state accountability. By making New York liable for damages from highway defects once it has actual or constructive notice, the bill increases the state's responsibility to maintain safe road conditions, potentially leading to more proactive repairs and inspections.
Removes seasonal limitations. The previous law limited liability to certain months (May to mid-November); this bill would make the state liable year-round, reflecting that dangerous defects can occur and cause harm outside the former timeframe.
Could improve road safety. The threat of liability may push the Department of Transportation to address reported hazards more quickly, potentially reducing accidents and injuries caused by neglected road defects.
Affects claims and lawsuits. New Yorkers who suffer damages due to state highway defects will have clearer grounds for seeking compensation, provided they can show the state had notice, which may lead to more claims and changes in how such cases are litigated.
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Who cares
Headline styles
Hold State Liable for Potholes
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Vetoed memo.165
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.223
- Substituted for A1235
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1822
- Committee discharged and committed to rules
- Reported and committed to finance
Show 1 earlier action
- 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.
Make 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
5422
2019-2020 Regular Sessions
IN SENATE
April 30, 2019
Introduced by Sen. KENNEDY -- 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.
LBD04409-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the highway law, in relation to state liability for defects in highways
Purpose or general idea of bill
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, Motorists who suffer damage due to defects on local roads may pursue damages against the locality at any time during the year so long as the municipality had advance notice of the defect. Under current law, individuals who suffer damages due to defects in state roads may pursue these damages against the state only if the incident occurred between May 15 and November 15.
Statewide reports of the poor conditions of state roadways - some with three-foot wide potholes and other seemingly ongoing defects - highlight the need to modify this statute and permit motorists to seek damages all year long.
This bill would allow motorist's to pursue damages from the state for defects in state roads all year. This bill will continue to exempt the state from liability where it does not have advance actual or construc- tive notice. New York State motorists should not have to pay out-of- pocket for damages caused by a defect in a state highway that should have been repaired.
Prior legislative history
2017/18: A910 referred to judiciary; same as S8422 (Boyle) referred to transportation; 2015/16: A425 referred to judiciary; 2014: A9883--A referred to judici- ary
Fiscal implications for state and local governments
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.