S T A T E O F N E W Y O R K
Cal. No. 78
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-
ing -- recommitted to the Committee on Judiciary in accordance with
Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 1178--B 2
(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.
(D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT ON THE PRIVATE
PREMISES OF A HOST, AS AN EXPRESSED INVITEE OF THE HOST.
2. A HOST WHO IS PRESENT AND HAS EXPRESSLY INVITED A GUEST TO BE PRES-
ENT UPON THE PRIVATE PREMISES OVER WHICH THE HOST EXERCISES CONTROL, HAS
A DUTY TO PROVIDE REASONABLE ASSISTANCE TO SAID INVITEE WHO IS SUFFERING
OR HAS SUFFERED A MEDICAL EMERGENCY WHICH REASONABLY APPEARS TO THREATEN
THE LIFE OF THE GUEST. UPON FAILURE TO GIVE REASONABLE ASSISTANCE TO
SUCH GUEST AFTER A REQUEST FOR SUCH ASSISTANCE, AFTER HAVING OBTAINED
KNOWLEDGE THAT SUCH ASSISTANCE WAS REASONABLY WARRANTED, SAID HOST 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. SAID DUTY SHALL BE SATISFIED BY OBTAINING OR REASONABLY
ATTEMPTING TO OBTAIN AID FROM LAW ENFORCEMENT OR MEDICAL PERSONNEL.
3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, ONCE A HOST AT THE
PRIVATE PREMISES HAS UNDERTAKEN TO RENDER REASONABLE ASSISTANCE TO A
GUEST, IT SHALL BE A COMPLETE DEFENSE AGAINST ANY CLAIM FOR DAMAGES
ALLEGEDLY CAUSED BY ACTS OR OMISSIONS OF SUCH PERSON IN RENDERING SUCH
ASSISTANCE, UNLESS IT IS ESTABLISHED THAT SUCH INJURIES OR DEATH WERE
CAUSED BY GROSS NEGLIGENCE ON THE PART OF SUCH PERSON.
S 3. This act shall take effect on the sixtieth day after it shall
have become a law.