S T A T E O F N E W Y O R K
Cal. No. 1013
2013-2014 Regular Sessions
I N S E N A T E
January 9, 2013
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- reported
favorably from said committee, ordered to first and second report,
amended on second report, ordered to a third reading, and to be
reprinted as amended, retaining its place in the order of third read-
AN ACT to amend the general obligations law, in relation to enacting the
"Steven Kovacs Law" to impose an affirmative duty upon a residential
host to render assistance to a guest on private premises in the event
of a medical emergency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Steven
S 2. Article 9 of the general obligations law is amended by adding a
new title 2 to read as follows:
SOCIAL HOST RESPONSIBILITY
SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
S 9-201. SOCIAL HOST RESPONSIBILITY. 1. FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "HOST" MEANS ANY PERSON OVER EIGHTEEN YEARS OF AGE HAVING CONTROL
OVER A PRIVATE PREMISES.
(B) "CONTROL" MEANS THE ACTUAL AUTHORITY AND ABILITY TO REGULATE,
DIRECT OR DOMINATE THE PRIVATE PREMISES.
(C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
ATIVE UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND OPEN
AREAS OVER WHICH THE HOST HAS CONTROL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 1178--A 2
(D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT ON THE PRIVATE
PREMISES OF A HOST, WHICH SHALL NOT BE DEEMED TO INCLUDE PERSONS TRES-
PASSING UPON THE PRIVATE PREMISES.
2. A HOST WHO IS PRESENT AND HAS ACTUAL KNOWLEDGE THAT A GUEST ON THE
PRIVATE PREMISES OVER WHICH THE HOST EXERCISES CONTROL IS SUFFERING OR
HAS SUFFERED A MEDICAL EMERGENCY AND WHO FAILS TO GIVE REASONABLE
ASSISTANCE TO SUCH GUEST SHALL BE LIABLE FOR DAMAGES FOR INJURIES
SUSTAINED BY SUCH GUEST OR FOR DAMAGES FOR THE DEATH OF SUCH GUEST WHICH
OCCURRED BY REASON OF SUCH FAILURE. REASONABLE ASSISTANCE MAY INCLUDE
OBTAINING OR ATTEMPTING TO OBTAIN AID FROM LAW ENFORCEMENT OR MEDICAL
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, ONCE A HOST OR
OTHER PERSON AT THE PRIVATE PREMISES HAS UNDERTAKEN TO RENDER REASONABLE
ASSISTANCE TO A GUEST, IT SHALL BE A COMPLETE DEFENSE AGAINST ANY CLAIM
FOR CIVIL DAMAGES ALLEGEDLY CAUSED BY ACTS OR OMISSIONS OF SUCH PERSON
IN RENDERING SUCH ASSISTANCE, UNLESS IT IS ESTABLISHED THAT SUCH INJU-
RIES OR DEATH WERE CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.