What's happening
This bill amends highway law to clarify and expand the state's liability for damages from defects in state highways under certain conditions.
Why it matters
Expands the state's liability to cover highway defects year-round,. not just during certain months, provided the state has actual or constructive notice of defects from mid-November to the end of April. This means individuals harmed by highway defects in winter months may have more opportunities to seek compensation.
Clarifies that the state is responsible for highways it maintains,. and distinguishes that liability does not extend to bridges not under state control, helping to define the boundaries of state responsibility.
Specifies conditions for state liability within incorporated villages,. making clear that the state is only liable for damages occurring on the portions of roadways it constructed or maintains, which can affect both municipal responsibilities and residents’ ability to bring claims.
Applies the new rules only to incidents occurring after the law takes effect,. ensuring that pending or previous claims are not affected, providing a clear starting point for expanded liability.
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Who cares
Headline styles
Allow Lawsuits for Highway Defects
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
570
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 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] maintained by the state under such system as the commissioner of transportation may adopt pursuant to section twelve of this chapter (1) 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] and (2) between the sixteenth day of November and the thirtieth day of April for defects for which it has been given actual or constructive notice. The liability for such damages shall otherwise remain as now provided by law, 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03680-01-9
S. 570 2
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.
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 defects in state highways, to provide a limited level of liability for damages suffered by individ- uals outside of the first day of May and the fifteenth day of November.
Summary of provisions
Section 1: amends section 58 of the state highway law to expand the states liability for defects in state highways, to provide limited a level of liability for damages suffered by individuals outside of the first day of May and the fifteenth day of November.
Section 2: sets 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, regardless of how egregious or unreasonable the defect may be. Recent reports of three-foot wide potholes and other seemingly unreasonable defects in state highways has prompted a revisiting of this statute and provide for more flexibility to better protect New York State motorists.
This bill allows for individuals to pursue damages from the state for egregious or unreasonable defects in state roads all year, while preserving the current liability standard of defects from May to Novem- ber. This bill continues to protect the state from frivolous or unrea- sonable lawsuits, while ensuring New York State taxpayers do not have to pay out-of-pocket for damages caused by an affirmative act of negligence by the state or similarly unreasonable defect in a state highway.
Legislative history
2013-14: S.6702/A9496 Referred to Transportation 2015-16: S.747 Referred to Transportation 2017-18: S.5078 Referred to Transportation
Fiscal implications
To be determined.
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.