Assembly Bill A8921

2009-2010 Legislative Session

Provides for a limitation of damages in certain personal injury cases and other civil actions; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 16, 2010	held for consideration in codes
Jan 06, 2010	referred to codes
Jun 16, 2009	referred to codes

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2009-A8921 (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add Art 50-C §§5051 & 5052, §214-f, Art 14-B §§1420 - 1422, amd §§3012-a & 214, rpld & add Art 16 §§1600 - 1603, §214-d, rpld R3211 sub(h) & R3212 sub(i), CPLR; amd §§240, 241 & 30, rpld §241-a, add §742, Lab L; amd §388, V & T L; amd §9, add §9-a, Ct Claims Act; add §1181, RPT L; add Art 4-A §§60 - 62, Gen Muni L; amd §9-103, add Art 18-B §§18-301 - 18-305, Gen Ob L

2009-A8921 (ACTIVE) - Summary

Provides for a limitation of non-economic damages in certain person injury cases; relates to the exemption of tax districts from obligation or liability with respect to pre-existing environmental contamination or pollution; relates to liability of public entities; relates to civil actions against professionals

2009-A8921 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8921

TITLE OF BILL:
An act
to amend the civil practice law and rules, the labor law, the vehicle and
traffic law, and the court of claims act, in relation to non-economic
damages for personal injury;
to amend the real property tax law, in relation to the exemption of tax
districts from obligation or liability with respect to pre-existing
environmental contamination or pollution; to amend the general
municipal law, in relation to liability of public entities; to amend the
civil practice law and rules, in relation to civil actions against
professionals; to amend the general obligations law, in relation to
the duty to keep premises safe for certain uses and enacting the
"equine activity safety code act"; to amend the civil practice law and
rules, in relation to specific defenses for product liability actions;
to amend the labor law, in relation to the disclosure of employment
related information; and
to repeal article 16, section 214-d, subdivision (h) of rule 3211 and
subdivision (i) of rule 3212 of the civil practice law and rules and
section 241-a of the labor law relating thereto

PURPOSE OR GENERAL IDEA OF BILL: To reform
several,statutes that are
responsible, collectively: for higher property taxes, higher
insurance rates, higher healthcare costs, higher vehicle leasing

costs, higher construction costs and higher housing costs; and which
unfairly penalize municipalities, farmers and land owners, by
restoring balance in the scales of New York's civil justice system
and diminishing the devastating impact the present tort system
extracts on the citizens of New York.

This measure is intended to ensure that the aforementioned cost
savings are realized by the municipalities, farmers, landowners and
professionals who are currently insured for the unreasonable
liability presently imposed by New York's statutes.

SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new Article 50-C to
the Civil Practice Law and Rules establishing a $250,000 cap on
non-economic damages (pain & suffering awards) in all personal injury
actions, except in cases of willful, wanton or gross negligence,

Sections two through five amend sections 240 and 241 of the Labor Law,
and repeal section 241-a of such law, to modify the provisions of the
"Scaffold Act" to eliminate the existing absolute liability standard
and deem a person's culpable conduct relevant in any action for
damages sustained as a result of an injury, and to deem compliance
with Occupational Safety and Health Administration (OSHA) rules as
prima facie proof of compliance with Labor Law scaffolding
requirements.

Section six amends section 388(3) of the Vehicle and Traffic Law
(vicarious liability) to define as an "owner" a person who leases a
vehicle for a continuous period of 12 months or more, thereby
removing the Statute's applicability to vehicle lessors.


Sections seven and eight amend subdivisions 2, 3 and 4 of section 9 of
the Court of Claims Act, and add a new section 9-a to such act,
respectively, to expand the jurisdiction of the Court of Claims to
actions against counties, cities, towns, villages, school districts
and special districts.

Section nine adds a new Article 16 to the CPLR to limit the liability
of a person found jointly liable to that person's equitable share of
a judgement, thereby eliminating joint and several liability.

Section ten amends the Real Property Tax Law by adding a new section
1181 to exempt a tax district (county, city, etc.) from liability for
pre-existing environmental contamination of a property it acquired
through a tax foreclosure unless the tax district physically caused
or contributed to the environmental contamination.

Section eleven adds a new Article 4-A to the General Municipal Law to
limit liability for injuries sustained at public recreational
facilities (a facility owned by a municipality or school district for
recreational use by the public such as skiing or golf) to those cases
where the municipality of public entity acted willfully, wantonly or
with gross negligence.

Section 12 expands the current medical malpractice certificate of
merit to a case requirement in CPLR 3012-a to include any action
against a professional as defined by Education Law, Title 8. In
addition, the certificate of merit filed by a person suing a
professional for negligence shall include an affidavit signed by
another professional who is in the same profession as the defendant
professional. This affidavit must conclude that there is a reasonable
basis for the lawsuit.

Section 13 expands the limited exemption of a property owner from
liability under General Obligations Law ("GOL") Section 9-103 to a
property owner who makes their premises available to others for any
recreational use and to include owners of underdeveloped and/or land
used in agricultural production.

Section 14 repeals and substitutes a new CPLR Section 214-d to
establish a prohibition on lawsuits against architects, engineers or
construction professionals brought and more than ten years after
completion of the allegedly defective structure designed or
supervised by the architect, engineer or construction professional
that is the subject of the lawsuit. if an injury occurs during the
tenth year of the completion of the structure the injured party may
bring their lawsuit within one year after the injury.

Sections 15 and 16 make changes to various CPLR sections to conform
them to this bills provisions.

Section 17 amends GOL Section 9-103 by adding a new subdivision 1-a to
limit liability of a farm or "u-pick" operation for injuries incurred
while a person was picking and buying agricultural products. The
farmer or "u-pick" operation is only liable in those cases where the
injuries are caused by a condition involving an unreasonable risk of
harm when (a) the owner/operator knew, or should have known, about
the condition or risk; and (b) the owner/operator either failed to


take reasonable care to make the condition safe or to provide a
warning.

Section 18 amends the GOL by adding a new article la-B to establish an
"Equine Activity Safety Code," hereinafter "code." The Code provides
An exemption from liability of a horse facility operator for an
injury of a participant in horse riding offered by the facility if
the injury results from the inherent risks of
equine activities. This exemption does not apply and liability will
attach if one of the following five criteria are met:

(1) The horse facility Operator ("operator") provided the equipment,
the operator knew or should have known that the equipment was faulty,
and the faulty equipment caused the injury;

(2) The operator provided the equine (horse, pony, mule or donkey) and
failed to reasonably determine both the participant's ability to
safely engage in the equine activity and such participant's ability
to manage the particular equine;

(3) The equine participant sustains injuries due to a dangerous latent
condition on the operator's land or facilities that the operator
knew, or should have known, about;

(4) The operator acts, or fails to act, in a manner constituting
willful or wanton disregard for the participant's safety; or

(5) The operator intentionally injures the participant.

Section 19 amends the CPLR by adding a new section 214-f to require
that a product liability action must be brought within ten years
after the allegedly defective product is delivered to the first
buyer. There are three exceptions to this ten year product liability
limitation period:

1) If a defendant makes an express written warranty for the product
that is longer than ten years;

2) If the injury resulting from an allegedly defective product occurs
within the ten year time period but less than two years before such
period expires, then the action may be brought within two years after
the injury; and

3) If this measure reduces the period during which a product liability
action could have otherwise been commenced pursuant to law, then such
a claimant shall have one year after this section's effective date to
commence the action.

Section 20 amends the CPLR by adding a new article l4-5 to establish
three specific defenses in product liability cases. These three
defenses are: 1) Post-manufacture changes - evidence of actions taken
by the product manufacturer or seller after an event, which if taken
previously would have rendered the event less likely to occur, is
inadmissible to prove a product defect;

2) Sealed containers - a defense that may be used only by a party in
the action who did not manufacture the product and such product was


obtained and sold by the party in a sealed container or under
conditions whereby the party had no reasonable opportunity to inspect
the product; and

3) state of the art design - a product liability claimant alleging
defective design must prove that, when the product left defendant's
control, there was a feasible alternative design that would have
prevented the harm without substantially impairing the usefulness or
desirability of the product to users.

Section 21 amends the Labor Law by adding a new section 742 to give an
employer immunity from liability when such employer makes or receives
a good faith reference with accurate information concerning a current
or former employee's job performance.

Section 22 is a severability clause. Section 23 is the effective date.

JUSTIFICATION: Existing law encourages excessive
litigation and a
concomitant drain on public and private resources, This bill restores
balance to the civil justice system.

$250,000 Pain and Suffering Award Cap

"The cost of the U.S. tort system grew by 14.3% in 2001, the highest
single-year percentage increase since 19861' This finding, from a
Tillinghast-Towers Perrin study (U.S. TORT COSTS: 2002 UPDATE, TRENDS
AND FINDINGS ON THE COSTS OF THE U.S. TORT SYSTEM) c firms what
doctors, municipalities and businesses have been arguing for many
years -- the tort system is out of control. The same study estimates
that by 2005, tort costs could approach $1,000 per U.S. Citizen. The
most significant, contributing factor in this depressing equation is
the lottery represented by pain and suffering awards, where the
compensation afforded a victim often has little to' do with the
actual damage suffered by that victim's injuries but rather by the
theatrical skills of the lawyer representing the victim and the venue
where the action is heard.

This legislation seeks to control the cost of the tort system by
eliminating the possibility for outrageous pain and suffering awards.
Victims are in no way limited for receiving compensation for medical
expenses, lost wages and other compensatory awards and are further
permitted to exceed the $250,000 pain and suffering cap if there is a
finding of gross negligence on the part of the defendant.

Clear and convincing evidence on the effect of pain and suffering
award caps is available from the State of California, which in 1975
enacted the Medical Injury Compensation Reform Act (MICRA). This law
placed a cap of $250,000 on medical malpractice pain and suffering
awards. Since the enactment of that statute, California's medical
malpractice insurance market has been largely stable and physicians
there pay among the lowest rates nationally for medical malpractice
insurance. Notably, there is no access-to-justice crisis in
California, simply a rational system for dealing with medical
malpractice cases.

Scaffold Act Revisions


New York is, the only state in the country with a law that holds
property owners and building contractors absolutely liable for
workplace injuries involving falls. The effect on our housing market
has been devastating.

A study issued by the Washington, DC-based American Insurance
Association found that for New York State, outside of New York City,
loss costs averaged 232 percent more than other states, with the
Scaffold Act responsible for at least one-third of this excess, or
77'percent. Most insurance carriers that used to be engaged in the
business of insuring contractors have abandoned the New York market
and recent premium increases have been as high as 600 percent. Some
contractors cannot find coverage at any price. This translates into
an extra $6,000 to $10,000 in the cost of building a home,
effectively eliminating building construction jobs and affordable
housing options for many. The reforms contained in this legislation
simply place New York in line with most other states by deeming
compliance with OSHA requirements as meeting Labor Law standards and
removing the absolute liability standard so that, for instance,
a.person who reports to work intoxicated and fails to take required
safety precautions cannot gain the same recovery as one who is
injured through no fault of his own.

Vicarious Liability

The intent of the vicarious liability statute, originally enacted by
Chapter 534 of the laws of 1924, was to ensure that.a person injured
by the negligent (authorized) driver of a motor vehicle was- afforded
a means of compensation from a financially responsible party -- the
owner of the motor vehicle. The vicarious liability statute was
enacted 35 years prior to the Motor Vehicle Financial Security Act
(Chapter 775 of the Laws of 1959, and expanded by Chapter 305 of the
Laws of 1995), which requires bodily injury and property damage
liability coverage from, motor vehicles registered and operated in
New York State. No-fault insurance originated in the 1970s.

The vicarious liability principle may have served a public policy
purpose at one time, but has been eclipsed by the time and events
since its enactment. For instance, the practice of leasing vehicles
did not gain mainstream currency until the 19805 and was certainly
non-existent at the time of the statute's original enactment.
Further, the financial security requirements now in place did not
exist in the 1920s, meaning that an injured party may not have had
any means of financial recourse at that time.

The presence of the vicarious liability statute has led to
consequences unintended by its framers here in New York and in two
other nearby states that have similar statutes. It was reported (WALL
STREET JOURNAL, January 22, 2003) that a vicarious liability suit was
settled in Rhode Island against Chase Manhattan Automotive Finance
for $15 million and that in 2002 General Motors Acceptance
Corporation spent $50 million settling these cases in New York state
alone. similar stories emanate from Connecticut. As a result, leasing
fees are rising and, in some cases, leasing companies are
contemplating the abandonment of the New York market. These actions
would cause severe harm to New York citizens who choose to lease
vehicles and effectively force many auto dealers out of business.


All vehicles driven on New York's public highways must be insured for
personal injury and property damage liability. Compensation is
available to those injured' through the negligence of drivers. No
viable rationale exists to impose additional, unlimited liability on
lenders in circumstances where the driver of a leased vehicle
(defined as a vehicle leased for a continuous period of 12 months or
more) is negligent simply because the title remains vested in the
leasing company. Further, most lease contracts call for higher than
Minimum levels of liability insurance (usually
$100,000/$200,000/$500,000) to be maintained by the lessee.

Joint and Several Liability Reform

Current New York State Law, in general requires full joint liability
of two or more defendants found responsible for harm to a plaintiff
even if one of the defendants has an extremely low portion of
liability. For example, in an auto accident where defendant A is 15%
liable with defendant B 85% liable, the plaintiff can choose to
collect the entire 100%. of the award from defendant A. Reasons for
this could include defendant B's insolvency and/or defendant A's
wealth. This measure corrects the basic unfairness of the present
rule, by limiting each defendant's share of the award to the actual
share of liability as determined by a jury or court.

Expanding the Jurisdiction of the Court of Claims Municipalities.
(counties, cities, towns, villages and special districts) and school
districts have noted for years that they are frequently hit with
excessive and costly jury verdicts because of their perception by the
public as a "deep pocket" with large financial resources.

By placing all personal injury and property damage actions against
these parties in the Court of claims where the actions will be heard
and decided by a judge, this bill should result in substantially more
equitable verdicts against such parties. That result should, in turn,
reduce insurance premiums paid by these localities, and ultimately
lead to lower taxes imposed for these expenses.

Municipal Liability Relief - Contaminated Property Acquired by Tax
Fore closure

Citizens of every community that contains environmentally contaminated
real property share the common goal of wanting the property cleaned
and restored to a usable condition. Title holders of environmentally
contaminated parcels often stop paying real property taxes and walk
away, knowing neither, leaders or municipalities are likely to
foreclose on the property due to the assumption of liability for
cleanup and remediation.

While the merits of limiting the liability of lenders that foreclose
are worthy of an examination, it is clear that no public policy is
served by holding municipal taxpayers responsible in the event of tax
foreclosure, where the municipal entity has not caused or contributed
to the contamination.

Municipal Liability Relief - Recreational Facilities


Municipalities are tempting targets for lawsuits because it is assumed
they have unending deep pockets to pay judgments. Residents of the
Town of Greenfield in Saratoga County found out otherwise in 1995
when a jury awarded $3.7 million for medical expenses and pain and
suffering to a resident who had an accident while tobogganing on
town-owned property. The town was insured for only $1 million. As a
result of this and similar verdicts, thousands of children are
unable to sleigh ride and engage in other sports programs that
earlier generations took for granted.

Recreation of almost any nature involves an inherent degree of risk.
Before citizens are asked to forgo recreation and issue bonds to pay
multi-million dollar award judgments, a finding of gross negligence
on the part of the municipality must be established. Combined with
other provisions in this legislation which will direct these suits to
the Court of Claims, balance will have been restored to the civil
justice system.

Certificates of merit.

This Provision is designed to ensure that a plaintiff's counsel in a
professional malpractice or negligence case has consulted with at
least one professional in the same field as the defendant to
determine that the plaintiff has a reasonable basis to bring the
case. It should be noted that persons will not be prevented from
bringing a lawsuit, but without a favorable opinion from a
knowledgeable professional as to the suit's viability, it is
anticipated that frivolous suite may be terminated before the large
costs of discovery and trial are incurred.

Landowner Recreational Liability

Currently, section 9-103 of the General Obligations Law extends to
some landowners a limited immunity from liability to keep premises
safe by the use of others for a series of enumerated, recreational
activities. The existing law would be strengthened under this bill by
reaffirming the legislature's intent, incorporating specific
definitions of lands used in agricultural production and undeveloped
premises, specifying that the statute applies to these types of
properties (whether
or not a farm) and expanding the scope of the law to include all
recreational activities, rather than only those specifically
identified in the statute.

Architects, Engineers and Design Professionals

By establishing a ten year limitations period, with exceptions, within
which a claimant may sue an architect or construction professional
for work on a structure, this legislation ensures reasonable access
to the court system for those harmed while also ensuring that
architects and construction professionals are not hit with costly
verdicts many years after their work on a structure and frequently
when such professionals no longer carry malpractice insurance. This
is clearly unfair and would be corrected by this provision.

Farm U-Pick and Horseback Riding Operations


Without question, working farms have provided the people of this State
with the enjoyment and the fondest memories of gathering apples and
berries for grandma's delicious pies; picking out the largest pumpkin
in the patch, bringing home the perfect Christmas tree and horseback
riding in the country. "U-pick" farms and riding stables provide an
escape from the hustle and bustle of urban lifestyles and provide a
chance to see the richness of our agricultural landscapes. However,
the increasing threat of frivolous lawsuits bolstered by a policy of
open-ended liability, has discouraged family farms and stables from
opening their homes to the public. The litigious environment created
by the present tort system has raised the cost of insurance premiums
to unreasonably high levels and needs to be reformed.

"U-pick" farms and riding stables do not seek blanket immunities from
liability. Farms and equine facilities should be held responsible for
their own acts of gross negligence. However, as a matter of fairness,
individuals who take part in "u-pick" activities or horseback riding
assume certain risks. Without this type of reform, our farms are
truly defenseless against frivolous lawsuits of the "slip and fall"
variety. This gradual disappearance of our rural heritage and
agricultural landscapes would be unforgivable. At least 30 other
states have passed or are considering legislation nearly identical to
the proposal advocated for equine activities. In addition, essential
reform for "u-pick" operations is supported by 70% of New Yorkers,
according to a 1997 statewide Zogby poll.

Product Liability

The basic reforms in product liability law set forth in this measure,
including a ten year statute of limitations and three defenses
including no admissibility of evidence of post-injury product
modifications to prove fault, should help restore balance to the
expanded product liability that 'has been created by court decisions
in this state over the past two decades. It should also be noted that
a 1997 statewide Zogby poll found general product liability reform
was supported by 59 of New Yorkers.

PRIOR LEGISLATIVE HISTORY:
A7054 of 2003/2004 - Held for consideration in Judiciary A4869 of
2005/2006 - Referred to Judiciary

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Small cost to state in connection with expanding the jurisdiction of
the Court of Claims. Overall savings to taxpayers due to a. reduction
in the hidden taxes they pay to support the tort system in New York
will be substantial. The Tillinghast-Towers Perrin study estimates
that nationally, the u.S. tort system cost every citizen $721 in
2001. The number is certainly greater in New York. If this
legislation were enacted, and tort taxes could be reduced by the
modest amount of 300 per citizen, the savings to New Yorkers would be
approximately $5.4 billion.

EFFECTIVE DATE: Immediately, except that the
provisions establishing
award caps, limiting vicarious liability expanding the jurisdiction,
of the Court of Claims and eliminating joint and several liability
shall take effect 180 days after enactment; the provisions


establishing a statute of repose for architects; engineers and design
professionals shall take effect on the first day of January
subsequent to enactment; the provisions establishing the equine
activity safety code shall take effect 30 days after enactment; and
provided that all of the act's provisions shall apply only to causes
of action commenced on or after the effective date of each applicable
section.

2009-A8921 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8921

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced  by  M. of A. BALL, BURLING, OAKS, CALHOUN -- Multi-Sponsored
  by -- M. of A.  BACALLES, BARCLAY, BUTLER, CONTE, CROUCH, FITZPATRICK,
  HAYES, KOLB, McDONOUGH, MILLER, RABBITT, RAIA, REILICH, SAYWARD, SCOZ-
  ZAFAVA -- read once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules,  the  labor  law,  the
  vehicle  and  traffic law, and the court of claims act, in relation to
  non-economic damages for personal injury; to amend the  real  property
  tax law, in relation to the exemption of tax districts from obligation
  or  liability with respect to pre-existing environmental contamination
  or pollution; to amend the  general  municipal  law,  in  relation  to
  liability  of  public  entities;  to  amend the civil practice law and
  rules, in relation to civil actions against  professionals;  to  amend
  the  general obligations law, in relation to the duty to keep premises
  safe for certain uses and enacting the "equine  activity  safety  code
  act";  to  amend  the  civil  practice  law  and rules, in relation to
  specific defenses for product liability actions; to  amend  the  labor
  law,  in relation to the disclosure of employment related information;
  and to repeal article 16, section 214-d, subdivision (h) of rule  3211
  and  subdivision  (i) of rule 3212 of the civil practice law and rules
  and section 241-a of the labor law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The civil practice law and rules is amended by adding a new
article 50-C to read as follows:
                              ARTICLE 50-C
                    LIMITATION ON NONECONOMIC DAMAGES
  5051. DEFINITIONS.
  5052. DAMAGE AWARDS.
  S 5051. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "NONECONOMIC DAMAGES" MEANS SUBJECTIVE, NONPECUNIARY DAMAGES ARIS-
ING FROM THE PAIN,  SUFFERING,  INCONVENIENCE,  PHYSICAL  IMPAIRMENT  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14261-01-9

A. 8921                             2

DISFIGUREMENT,  MENTAL  ANGUISH, EMOTIONAL DISTRESS, LOSS OF SOCIETY AND
COMPANIONSHIP, LOSS OF CONSORTIUM, INJURY TO REPUTATION, HUMILIATION AND
OTHER NONPECUNIARY DAMAGES.
  2.  "ACTUAL  ECONOMIC  DAMAGES" MEANS OBJECTIVELY VERIFIABLE PECUNIARY
DAMAGES ARISING FROM MEDICAL EXPENSES AND MEDICAL CARE, LOSS OF EARNINGS
AND EARNING CAPACITY, BURIAL COSTS, LOSS OF USE OF  PROPERTY,  COSTS  OF
REPAIR  OR REPLACEMENT OF PROPERTY, COSTS OF OBTAINING SUBSTITUTE DOMES-
TIC SERVICES, LOSS OF EMPLOYMENT, LOSS OF BUSINESS OR EMPLOYMENT  OPPOR-
TUNITIES,  REHABILITATION  SERVICES,  CUSTODIAL CARE AND OTHER PECUNIARY
DAMAGES.
  3. "PERSONAL INJURY ACTION" MEANS ANY  ACTION,  INCLUDING  BUT  IN  NO
MANNER  LIMITED  TO  MEDICAL,  DENTAL AND PODIATRIC MALPRACTICE ACTIONS,
WHETHER IN TORT, CONTRACT, OR OTHERWISE, IN WHICH  THE  PLAINTIFF  SEEKS
DAMAGES FOR INJURY TO THE PERSON OR WRONGFUL DEATH.
  4. "COMPENSATION" MEANS MONETARY AWARDS.
  S  5052.  DAMAGE AWARDS. IN ANY PERSONAL INJURY ACTION, THE PREVAILING
PLAINTIFF MAY BE AWARDED:
  1. COMPENSATION FOR ACTUAL ECONOMIC DAMAGES SUFFERED  BY  THE  INJURED
PLAINTIFF; AND
  2. COMPENSATION FOR NONECONOMIC DAMAGES SUFFERED BY THE INJURED PLAIN-
TIFF, NOT TO EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS, PROVIDED, HOWEV-
ER, THAT THIS PROVISION SHALL NOT APPLY WHERE A VERDICT OR DECISION OF A
COURT  INVOLVES A FINDING OF WILLFUL, WANTON OR GROSS NEGLIGENCE AGAINST
THE RESPONSIBLE PARTY OR PARTIES.
  S 2. Section 240 of the labor law, the section heading and subdivision
2 as amended by chapter 683 of the laws of 1947  and  subdivision  1  as
amended  by  chapter  241  of  the  laws  of 1981, is amended to read as
follows:
  S 240. Scaffolding and other devices for use of  employees.  1.    All
contractors  and  owners and their agents, except owners of one and two-
family dwellings who contract for but do not direct or control the work,
in the erection, demolition, repairing, altering, painting, cleaning  or
pointing  of a building or structure shall furnish or erect, or cause to
be furnished or erected DEVICES OR EQUIPMENT for the performance of such
labor, SUCH AS scaffolding, hoists,  stays,  ladders,  slings,  hangers,
blocks,  pulleys,  braces,  irons,  AND ropes, [and other devices which]
WHERE SUCH DEVICES OR EQUIPMENT ARE NECESSARY  TO  GIVE  REASONABLE  AND
ADEQUATE  PROTECTION  AND  SAFETY  TO  A  PERSON SO EMPLOYED. WHERE SUCH
DEVICES OR EQUIPMENT ARE FURNISHED OR ERECTED THE DEVICES  OR  EQUIPMENT
shall be so constructed, placed and operated as to [give proper] PROVIDE
REASONABLE AND ADEQUATE protection AND SAFETY to a person so employed.
  No  liability  pursuant to this subdivision for the failure to provide
protection to a person so employed  shall  be  imposed  on  professional
engineers  as  provided  for  in  article  one hundred forty-five of the
education law, architects as provided for in article one hundred  forty-
seven of such law or landscape architects as provided for in article one
hundred  forty-eight  of  such law who do not direct or control the work
for activities other than planning and design. This exception shall  not
diminish or extinguish any liability of professional engineers or archi-
tects  or landscape architects arising under the common law or any other
provision of law.
  2. [Scaffolding or staging more than twenty feet from  the  ground  or
floor,  swung  or  suspended  from  an  overhead support or erected with
stationary supports, except scaffolding wholly within the interior of  a
building  and covering the entire floor space of any room therein, shall
have a safety rail  of  suitable  material  properly  attached,  bolted,

A. 8921                             3

braced  or  otherwise  secured, rising at least thirty-four inches above
the floor or main portions of such scaffolding or staging and  extending
along  the  entire length of the outside and the ends thereof, with only
such  openings  as  may be necessary for the delivery of materials. Such
scaffolding or staging shall be so fastened as to prevent it from  sway-
ing from the building or structure.
  3.  All  scaffolding shall be so constructed as to bear four times the
maximum weight required to be dependent therefrom or placed thereon when
in use.] COMPLIANCE WITH APPLICABLE PROVISIONS OF  THE  FEDERAL  OCCUPA-
TIONAL  SAFETY  AND  HEALTH ACT AND PART TWENTY-THREE OF TITLE TWELVE OF
THE NEW YORK CODES, RULES AND REGULATIONS, AS AMENDED,  SHALL  BE  PRIMA
FACIE PROOF OF COMPLIANCE WITH SUBDIVISION ONE OF THIS SECTION.
  3. NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A PERSON INJURED
IN  THE ERECTION, DEMOLITION, REPAIRING, ALTERING, PAINTING, CLEANING OR
POINTING OF A BUILDING OR STRUCTURE FROM THE CONSEQUENCES OF HIS  CULPA-
BLE  CONDUCT  IN  ACCORDANCE WITH SECTION FOURTEEN HUNDRED ELEVEN OF THE
CIVIL PRACTICE LAW AND RULES.
  S 3. Section 241 of the labor law, as added by  chapter  1108  of  the
laws  of  1969,  the  opening paragraph as amended by chapter 670 of the
laws of 1980, subdivisions 6, 7 and 8 as amended and subdivision  10  as
added  by  chapter 520 of the laws of 1989 and subdivision 9 as added by
chapter 241 of the laws of 1981, is amended to read as follows:
  S 241. Construction, excavation and demolition work.  1. All  contrac-
tors  and  owners  and their agents, except owners of one and two-family
dwellings who contract for but do not direct or control the  work,  when
constructing  or  demolishing  buildings  or  doing  any  excavating  in
connection therewith, shall [comply with the following requirements:
  1. If the floors are to be arched between the beams thereof, or if the
floors or filling in between the floors are of fireproof  material,  the
flooring or filling in shall be completed as the building progresses.
  2.  If the floors are not to be filled in between the beams with brick
or other fireproof material, the underflooring shall  be  laid  on  each
story as the building progresses.
  3.  If  double  floors are not to be used, the floor two stories imme-
diately below the story where the work is being performed shall be  kept
planked over.
  4. If the floor beams are of iron or steel, the entire tier of iron or
steel  beams on which the structural iron or steel work is being erected
shall be thoroughly planked over, except spaces reasonably required  for
proper  construction  of the iron or steel work, for raising or lowering
of materials or for stairways and  elevator  shafts  designated  by  the
plans and specifications.
  5. If elevators, elevating machines or hod-hoisting apparatus are used
in the course of construction, for the purpose of lifting materials, the
shafts  or  openings  in  each  floor and at each landing level shall be
inclosed or fenced in on all sides by  a  barrier  of  suitable  height,
except  on  two  sides  which  may be used for taking off and putting on
materials, and those sides shall be guarded by an adjustable barrier not
less than three nor more than four feet from the floor and not less than
two feet from the edges of such shafts or openings.
  6. All areas in which construction, excavation or demolition  work  is
being  performed  shall  be  so  constructed, shored, equipped, guarded,
arranged,  operated  and  conducted]  CONSTRUCT,  SHORE,  EQUIP,  GUARD,
ARRANGE,  OPERATE  AND CONDUCT SUCH WORK SO as to provide reasonable and
adequate protection and  safety  to  the  persons  employed  therein  or
lawfully  frequenting  such  places.  The commissioner may make rules to

A. 8921                             4

carry into effect the provisions of this subdivision, and the owners and
contractors and their agents for such work, except  owners  of  one  and
two-family  dwellings  who contract for but do not direct or control the
work, shall comply therewith.
  [7.  The  commissioner may make rules to provide for the protection of
workers in connection with the excavation work for the  construction  of
buildings,  the work of constructing or demolishing buildings and struc-
tures, and the guarding of dangerous machinery used in connection there-
with, and the owners and contractors and their  agents  for  such  work,
except  owners  of  one and two-family dwellings who contract for but do
not direct or control the work, shall comply therewith.
  8.] 2. COMPLIANCE WITH APPLICABLE PROVISIONS OF  THE  FEDERAL  OCCUPA-
TIONAL  SAFETY  AND  HEALTH ACT AND PART TWENTY-THREE OF TITLE TWELVE OF
THE NEW YORK CODES, RULES AND REGULATIONS, AS AMENDED,  SHALL  BE  PRIMA
FACIE PROOF OF COMPLIANCE WITH SUBDIVISION ONE OF THIS SECTION.
  3. NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A PERSON INJURED
IN THE CONSTRUCTION, DEMOLITION OR EXCAVATION OF A BUILDING OR STRUCTURE
FROM THE CONSEQUENCES OF HIS CULPABLE CONDUCT IN ACCORDANCE WITH SECTION
FOURTEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES.
  4.  The  commissioner,  as  deemed  necessary,  shall promulgate rules
designed for the purpose of providing for the  reasonable  and  adequate
protection  and  safety  of  persons  passing by all areas, buildings or
structures in which construction, excavation or demolition work is being
performed, and the owners and contractors  and  their  agents  for  such
work, except owners of one and two-family dwellings who contract for but
do  not  direct  or  control  the  work,  shall  comply  therewith.  The
provisions of this subdivision shall not apply to cities having a  popu-
lation of one million or more.
  [9.] 5. No liability for the non-compliance with any of the provisions
of  this  section shall be imposed on professional engineers as provided
for in article one hundred forty-five of the education  law,  architects
as  provided for in article one hundred forty-seven of such law or land-
scape architects as provided for in article one hundred  forty-eight  of
such law who do not direct or control the work for activities other than
planning and design. This exception shall not diminish or extinguish any
liability  of professional engineers, architects or landscape architects
arising under the common law or any other provision of law.
  [10.] 6. Prior to advertising for bids or contracting for or  commenc-
ing  work on any demolition work on buildings covered under this section
except agricultural buildings as defined in regulations  promulgated  by
the  commissioner  and  except  buildings  the construction of which was
begun on or after January  first,  nineteen  hundred  seventy-four,  all
owners  and  their agents, except owners of one and two-family dwellings
who contract for but do not direct or control the work, shall conduct or
cause to be conducted a survey to determine whether or not the  building
to  be  demolished  contains asbestos or asbestos material as defined in
section nine  hundred  one  of  this  chapter.  Such  surveys  shall  be
conducted  in  conformance with rules and regulations promulgated by the
commissioner. Information derived from such survey shall be  immediately
transmitted  to  the  commissioner  and to the local governmental entity
charged with issuing a permit for such demolition under applicable state
or local laws or, if no such permit is required, to  the  town  or  city
clerk.  If  such  survey finds that a building to be demolished contains
asbestos or asbestos material as defined by section nine hundred one  of
[the]  THIS  chapter,  no bids shall be advertised nor contracts awarded
nor demolition work commenced by any owner or agent prior to  completion

A. 8921                             5

of  an  asbestos  remediation  contract performed by a licensed asbestos
contractor as defined by section nine hundred one of this chapter.
  S 4. Section 241-a of the labor law is REPEALED.
  S 5. The opening paragraph of subdivision 3 of section 30 of the labor
law,  as added by chapter 162 of the laws of 1993, is amended to read as
follows:
  Except for variations concerning provisions, rules, codes,  orders  or
any other matter affecting asbestos projects or safety and health stand-
ards for public employees, including but not limited to projects covered
by  article  thirty and section twenty-seven-a and subdivision [ten] SIX
of section two hundred forty-one of this chapter;
  S 6. Subdivision 3 of section 388 of the vehicle and traffic  law,  as
amended  by  chapter  552  of  the  laws  of 1962, is amended to read as
follows:
  3. As used in this section, "owner" shall be as defined in section one
hundred twenty-eight of this chapter  and  their  liability  under  this
section  shall  be  joint  and  several.  If  a  vehicle be sold under a
contract of sale which reserves a security interest in  the  vehicle  in
favor of the vendor, such vendor or his assignee shall not, after deliv-
ery  of  such  vehicle, be deemed an owner within the provisions of this
section, but the vendee, or his assignee, receiving possession  thereof,
shall  be  deemed such owner notwithstanding the terms of such contract,
until the vendor or his assignee shall retake possession of  such  vehi-
cle.  A secured party in whose favor there is a security interest in any
vehicle out of his possession, shall not be deemed an owner  within  the
provisions of this section.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SUBDIVISION,  IF  A  VEHICLE IS A LEASED VEHICLE, THE TERM "OWNER" SHALL
MEAN THE PERSON TO WHOM THE VEHICLE HAS BEEN LEASED, NOT THE  PERSON  TO
WHOM  THE  CERTIFICATE  OF  TITLE  FOR  THE  VEHICLE  HAS BEEN ISSUED OR
ASSIGNED OR TO WHOM THE  MANUFACTURER'S  OR  IMPORTER'S  CERTIFICATE  OF
ORIGIN  FOR  THE VEHICLE HAS BEEN DELIVERED OR ASSIGNED. FOR PURPOSES OF
THIS SECTION, "LEASED" MEANS THE TRANSFER OF THE POSSESSION OR THE RIGHT
TO POSSESSION OF A VEHICLE TO A LESSEE FOR A VALUABLE CONSIDERATION  FOR
A  CONTINUOUS  PERIOD  OF TWELVE MONTHS OR MORE, PURSUANT TO ONE OR MORE
WRITTEN AGREEMENTS.
  S 7. Subdivisions 2, 3 and 4 of section 9 of the court of claims  act,
subdivision  2 as amended by chapter 40 of the laws of 1977, are amended
to read as follows:
  2. To hear and determine a claim of any person, corporation or munici-
pality  against  the  state,  A  COUNTY,  CITY,  TOWN,  VILLAGE,  SCHOOL
DISTRICT,  OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED TWO OF THE REAL PROPERTY TAX LAW, for the appropriation  of  any
real  or  personal  property  or any interest therein, for the breach of
contract, express or implied, or  for  the  torts  of  its  officers  or
employees  while  acting  as  such  officers or employees, providing the
claimant complies with  the  limitations  of  this  article.    For  the
purposes  of  this act only, a real property tax lien shall be deemed to
be an interest in real property.
  3. To hear and determine any claim in favor of the  state,  A  COUNTY,
CITY,  TOWN,  VILLAGE,  SCHOOL  DISTRICT, OR A SPECIAL DISTRICT, AS SUCH
TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,
against the claimant, or against his assignor at the time of the assign-
ment.
  4. To render judgment in favor of the claimant or the state, A COUNTY,
CITY, TOWN, VILLAGE, SCHOOL DISTRICT, OR A  SPECIAL  DISTRICT,  AS  SUCH
TERM IS DEFINED IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW,

A. 8921                             6

for such sum as should be paid by or to the state, A COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, OR A SPECIAL DISTRICT, AS SUCH TERM IS DEFINED
IN SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW.
  S 8. The court of claims act is amended by adding a new section 9-a to
read as follows:
  S  9-A.  CONSTRUCTION  OF  "STATE". FOR PURPOSES OF THIS ACT, THE TERM
"STATE" SHALL BE DEEMED TO INCLUDE A COUNTY, CITY, TOWN, VILLAGE, SCHOOL
DISTRICT, OR A SPECIAL DISTRICT, AS THAT TERM IS DEFINED IN SECTION  ONE
HUNDRED  TWO  OF THE REAL PROPERTY TAX LAW, WHENEVER SUCH A CONSTRUCTION
IS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ACT  WITH  RESPECT  TO
THE JURISDICTION CONFERRED BY SECTION NINE OF THIS ARTICLE PERTAINING TO
SUCH ENTITIES; PROVIDED THAT SUCH A CONSTRUCTION SHALL NOT BE GIVEN WHEN
IT WOULD CONFLICT WITH THE PROVISIONS OF THE GENERAL MUNICIPAL LAW.
  S  9. Article 16 of the civil practice law and rules is REPEALED and a
new article 16 is added to read as follows:

                               ARTICLE 16
               LIMITED LIABILITY OF PERSONS JOINTLY LIABLE

  1600. DEFINITIONS.
  1601. LIMITED LIABILITY OF PERSONS JOINTLY LIABLE.
  1602. APPLICATION.
  1603. BURDEN OF PROOF.
  S 1600. DEFINITIONS. AS USED IN THIS ARTICLE, THE TERM "DAMAGES" SHALL
INCLUDE, BUT IN NO MANNER BE LIMITED TO, ALL ECONOMIC  AND  NON-ECONOMIC
LOSS  AWARDED IN AN ACTION AS PECUNIARY COMPENSATION OR SATISFACTION FOR
AN INJURY CAUSED OR LOSS SUSTAINED AS A RESULT OF A BREACH OF A CONTRAC-
TUAL OBLIGATION, A TORTIOUS ACT OF COMMISSION OR OMISSION OF  ANY  OTHER
SUCH INCIDENT.
  S  1601. LIMITED LIABILITY OF PERSONS JOINTLY LIABLE. 1. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW, WHEN A VERDICT OR DECISION IN AN  ACTION
OR  CLAIM FOR ECONOMIC OR NON-ECONOMIC DAMAGES IS DETERMINED IN FAVOR OF
A CLAIMANT IN AN ACTION INVOLVING TWO OR MORE WRONGDOERS JOINTLY  LIABLE
OR IN A CLAIM AGAINST THE STATE, THE LIABILITY OF EACH SUCH WRONGDOER TO
THE  CLAIMANT  FOR LOSS SHALL NOT EXCEED THE WRONGDOER'S EQUITABLE SHARE
DETERMINED IN ACCORDANCE WITH THE RELATIVE CULPABILITY  OF  EACH  PERSON
CAUSING  OR  CONTRIBUTING  TO  THE  TOTAL LIABILITY, WHETHER OR NOT SUCH
PERSON WAS OR COULD HAVE BEEN A PARTY TO THE ACTION.
  2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT OR IMPAIR  ANY
RIGHT OF A WRONGDOER PURSUANT TO THE PROVISIONS OF SECTION 15-108 OF THE
GENERAL OBLIGATIONS LAW.
  S 1602. APPLICATION. THE LIMITATIONS SET FORTH IN THIS ARTICLE SHALL:
  1.  APPLY  TO  ANY CLAIM FOR CONTRIBUTION OR INDEMNIFICATION BUT SHALL
NOT INCLUDE: (A) A CLAIM FOR INDEMNIFICATION IF, PRIOR TO  THE  ACCIDENT
OR  OCCURRENCE  ON WHICH THE CLAIM IS BASED, THE CLAIMANT AND THE WRONG-
DOER HAD ENTERED INTO A WRITTEN CONTRACT  IN  WHICH  THE  WRONGDOER  HAD
EXPRESSLY  AGREED  TO  INDEMNIFY  THE  CLAIMANT  FOR  THE  TYPE  OF LOSS
SUFFERED; OR (B) A CLAIM  FOR  INDEMNIFICATION  BY  A  PUBLIC  EMPLOYEE,
INCLUDING  INDEMNIFICATION  PURSUANT  TO  SECTION FIFTY-K OF THE GENERAL
MUNICIPAL LAW OR SECTION SEVENTEEN OR EIGHTEEN OF  THE  PUBLIC  OFFICERS
LAW.
  2. NOT BE CONSTRUED TO IMPAIR, ALTER, LIMIT, MODIFY, ENLARGE, ABROGATE
OR  RESTRICT  (A)  THE  LIMITATIONS SET FORTH IN SECTION TWENTY-A OF THE
COURT OF CLAIMS ACT; (B) ANY IMMUNITY OR RIGHT OF INDEMNIFICATION AVAIL-
ABLE TO OR CONFERRED UPON ANY DEFENDANT FOR ANY  NEGLIGENT  OR  WRONGFUL
ACT OR OMISSION; (C) ANY RIGHT ON THE PART OF ANY DEFENDANT TO PLEAD AND

A. 8921                             7

PROVE  AN  AFFIRMATIVE  DEFENSE AS TO CULPABLE CONDUCT ATTRIBUTABLE TO A
CLAIMANT OR DECEDENT WHICH IS CLAIMED BY SUCH DEFENDANT IN DIMINUTION OF
DAMAGES IN ANY ACTION; AND (D) ANY LIABILITY  ARISING  BY  REASON  OF  A
NON-DELEGABLE DUTY OR BY REASON OF THE DOCTRINE OF RESPONDENT SUPERIOR.
  3.  NOT BE APPLIED TO CLAIMS UNDER THE WORKERS' COMPENSATION LAW OR TO
A CLAIM AGAINST A DEFENDANT WHERE THE CLAIMANT HAS  SUSTAINED  A  "GRAVE
INJURY" AS DEFINED IN SECTION ELEVEN OF THE WORKERS' COMPENSATION LAW TO
THE  EXTENT OF THE EQUITABLE SHARE OF ANY PERSON AGAINST WHOM THE CLAIM-
ANT IS BARRED FROM ASSERTING A CAUSE OF ACTION BECAUSE OF  THE  APPLICA-
BILITY OF THE WORKERS' COMPENSATION LAW; PROVIDED, HOWEVER, THAT NOTHING
IN  THIS  SECTION  SHALL  BE  CONSTRUED TO CREATE, IMPAIR, ALTER, LIMIT,
MODIFY, ENLARGE, ABROGATE OR RESTRICT ANY THEORY OF LIABILITY UPON WHICH
ANY PERSON MAY BE HELD LIABLE.
  4. IN CONJUNCTION WITH THE OTHER PROVISIONS OF  THIS  ARTICLE  NOT  BE
CONSTRUED  TO  CREATE  OR ENLARGE ACTIONS FOR CONTRIBUTIONS OR INDEMNITY
BARRED BECAUSE OF THE APPLICATION OF THE WORKERS'  COMPENSATION  LAW  OF
THIS STATE, ANY OTHER STATE OR THE FEDERAL GOVERNMENT, OR SECTION 18-201
OF THE GENERAL OBLIGATIONS LAW.
  S  1603.  BURDEN OF PROOF. IN ANY ACTION OR CLAIM FOR DAMAGES, A PARTY
ASSERTING THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS ARTICLE DO
NOT APPLY SHALL ALLEGE,  AND  MUST  PROVE  BY  A  PREPONDERANCE  OF  THE
EVIDENCE,  THAT ONE OR MORE OF THE EXEMPTIONS SET FORTH IN EITHER SUBDI-
VISION TWO OF SECTION SIXTEEN HUNDRED ONE, OR  SECTION  SIXTEEN  HUNDRED
TWO OF THIS ARTICLE, SHALL APPLY.
  S  10.  The  real  property tax law is amended by adding a new section
1181 to read as follows:
  S 1181. EXEMPTION OF TAX DISTRICT FROM OBLIGATION  OR  LIABILITY  WITH
RESPECT  TO PRE-EXISTING ENVIRONMENTAL CONTAMINATION OR POLLUTION. A TAX
DISTRICT SHALL NOT INCUR ANY OBLIGATION OR LIABILITY FOR (1) THE ASSESS-
MENT, REGISTRATION, CLEANUP, REMOVAL, ABATEMENT, DISPOSAL  OR  TREATMENT
OF ANY HAZARDOUS SUBSTANCE OR WASTE, PETROLEUM DISCHARGE, BURIED TANK OR
CONTAINER,  TOXIC  SUBSTANCE  OR WASTE, ASBESTOS, LEAD PAINT, PESTICIDE,
RADIOACTIVE SUBSTANCE, OR OTHER ENVIRONMENTAL CONTAMINANT  OR  POLLUTANT
WHICH  WAS  PRESENT  UPON,  IN  THE  AIR ABOVE, OR IN THE GROUND BELOW A
PARCEL OF REAL PROPERTY OR (2) ANY INJURY OR DAMAGE TO PERSON OR PROPER-
TY RESULTING THEREFROM WHICH OCCURRED PRIOR TO THE TIME  TITLE  TO  SUCH
PARCEL  WAS  ACQUIRED BY SUCH TAX DISTRICT PURSUANT TO THE PROVISIONS OF
THIS ARTICLE, UNLESS THE PRESENCE OF SUCH ENVIRONMENTAL  CONTAMINANT  OR
POLLUTANT  OR  SUCH PRIOR INJURY OR DAMAGE RESULTING THEREFROM WAS PHYS-
ICALLY CAUSED OR CONTRIBUTED TO BY SUCH TAX DISTRICT. NOR  SHALL  A  TAX
DISTRICT  HAVING  ACQUIRED TITLE TO SUCH ENVIRONMENTALLY CONTAMINATED OR
POLLUTED PARCEL OF REAL PROPERTY PURSUANT  TO  THE  PROVISIONS  OF  THIS
ARTICLE INCUR ANY SUCH OBLIGATION OR LIABILITY AS A RESULT OF THEREAFTER
(A)  TAKING  ANY  ACTION  TO  SECURE,  PRESERVE, STABILIZE, MAINTAIN, OR
COLLECT FROM ANY HOLDOVER OCCUPANT THEREOF THE FAIR VALUE OF THE  TEMPO-
RARY  USE AND OCCUPANCY OF SUCH PARCEL OR (B) TRANSFERRING TITLE TO SUCH
PARCEL TO ANY OTHER PERSON OR ENTITY, UNLESS SUCH ACTION OR TRANSFER  OF
TITLE  PHYSICALLY CONTRIBUTES TO SUCH PRE-EXISTING ENVIRONMENTAL CONTAM-
INATION OR POLLUTION OR PRIOR INJURY OR DAMAGE TO PERSON OR PROPERTY.
  S 11. The general municipal law is amended by adding a new article 4-A
to read as follows:
                                ARTICLE 4-A
                      LIABILITY OF PUBLIC ENTITIES
SECTION 60. DEFINITIONS.
        61. APPLICATION.

A. 8921                             8

        62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
              PUBLIC RECREATIONAL FACILITIES.
  S 60. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "PUBLIC  ENTITY"  MEANS  (A)  A COUNTY, CITY, TOWN, VILLAGE OR ANY
OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE; (B) A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR ANY OTHER GOVERN-
MENTAL ENTITY OR COMBINATION OR  ASSOCIATION  OF  GOVERNMENTAL  ENTITIES
OPERATING  A  PUBLIC SCHOOL, COLLEGE OR COMMUNITY COLLEGE OR UNIVERSITY,
EXCEPT A STATE UNIVERSITY; (C) A PUBLIC IMPROVEMENT OR SPECIAL  DISTRICT
OR DISTRICT CORPORATION; (D) A PUBLIC BENEFIT CORPORATION; (E) A MUNICI-
PAL  HOUSING AUTHORITY; OR (F) ANY OTHER PUBLIC CORPORATION OR POLITICAL
SUBDIVISION OF THE STATE.
  2. "OPERATOR" MEANS A PERSON OR PERSONS UNDER CONTRACT WITH  A  PUBLIC
ENTITY  TO  PROVIDE  FOR  THE OPERATION, MAINTENANCE OR BOTH OF A PUBLIC
RECREATIONAL FACILITY.
  3. "PUBLIC RECREATIONAL FACILITY" MEANS A FACILITY OWNED BY  A  PUBLIC
ENTITY  FOR  THE USE OF THE GENERAL PUBLIC AS SPECTATORS OR PARTICIPANTS
IN RECREATION ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, GOLFING,
SWIMMING, TENNIS, ICE SKATING OR ICE HOCKEY  FACILITIES,  TOGETHER  WITH
ALL BUILDINGS, STRUCTURES, MACHINERY, EQUIPMENT, FACILITIES AND APPURTE-
NANCES THERETO.
  S  61.  APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
CAUSES OF ACTION FOR PERSONAL INJURY, INJURY  TO  PROPERTY  OR  WRONGFUL
DEATH AGAINST A PUBLIC ENTITY.
  S  62.  LIABILITY  OF  PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
PUBLIC RECREATIONAL FACILITIES. IN ORDER TO ENCOURAGE  THE  GRANTING  OF
ACCESS TO PUBLIC RECREATIONAL FACILITIES, IT IS HEREBY DECLARED THAT USE
BY  THE  PUBLIC OF SUCH FACILITIES INCLUDES AN ASSUMPTION OF RISK BY THE
USER.  NOTWITHSTANDING THE PROVISIONS OF SECTION 5-326  OF  THE  GENERAL
OBLIGATIONS  LAW,  ACTIONS FOR INJURIES SUSTAINED ON OR IN PUBLIC RECRE-
ATIONAL FACILITIES, INCLUDING EQUIPMENT, DEVICES, ATTRACTIONS, RIDES  OR
OTHERWISE,  SHALL  BE  ALLOWED ONLY IF SUCH INJURIES AROSE FROM WILLFUL,
WANTON OR GROSS NEGLIGENCE ON THE PART OF THE PUBLIC ENTITY OR OPERATOR.
  S 12. Section 3012-a of the civil   practice    law    and  rules,  as
amended  by  chapter  507  of  the  laws  of 1987, is amended to read as
follows:
  S 3012-a. Certificate of merit in medical, dental and  podiatric malp-
ractice  actions AND ACTIONS AGAINST ALL OTHER PROFESSIONALS. (a) In any
action  for medical, dental or podiatric malpractice, OR IN  ANY  ACTION
FOR DAMAGES, CONTRIBUTION OR INDEMNITY ARISING OUT OF ALLEGED NEGLIGENCE
OF A PROFESSIONAL SUBJECT TO THE PROVISIONS OF TITLE EIGHT OF THE EDUCA-
TION  LAW, the complaint shall be accompanied by a certificate, executed
by the  attorney  for  the plaintiff, OR OTHER PARTY ASSERTING THE CAUSE
OF ACTION, declaring that:
  (1) the attorney has reviewed the facts of the case and has  consulted
with at least one physician in medical malpractice actions, at least one
dentist  in  dental malpractice actions [or], at least one podiatrist in
podiatric malpractice actions, OR AT LEAST ONE PROFESSIONAL IN THE  SAME
PROFESSION  AS  THE  PERSON  OR PERSONS DEFENDANT IN THE SUBJECT SUIT IN
OTHER PROFESSIONAL MALPRACTICE OR NEGLIGENCE ACTIONS AND who is licensed
to practice in this state or  any  other  state  and  who  the  attorney
reasonably believes is knowledgeable in the  relevant issues involved in
the  particular  action, AND WHO HAS SIGNED AN AFFIDAVIT CONCLUDING THAT
THERE IS A REASONABLE BASIS FOR THE  COMMENCEMENT  OF  AN  ACTION,  SUCH
AFFIDAVIT  SHALL ACCOMPANY THE CERTIFICATE REQUIRED BY THIS SECTION, and
that the attorney has concluded on  the  basis  of  such  review  [and],

A. 8921                             9

consultation  AND  AFFIDAVIT  that  there is a reasonable basis for  the
commencement of such action; or
  (2)  the  attorney  was  unable to obtain the consultation AND AFFIDA-
VIT required by paragraph one of this subdivision because  a  limitation
of  time,  established  by  article  two  of this chapter, would bar the
action and that the certificate  required  by  paragraph  one   of  this
subdivision  could  not reasonably be obtained before such time expired.
If  a   certificate   is executed   pursuant to  this  subdivision,  the
certificate  required  by this section  shall  be  filed  within  ninety
days  after  service  of  the complaint; or
  (3) the attorney was unable to obtain  the  consultation AND AFFIDAVIT
required by paragraph one of this subdivision because the  attorney  had
made  three separate good faith attempts with three separate physicians,
dentists [or], podiatrists OR SUBJECT PROFESSIONALS, in accordance  with
the  provisions  of  paragraph  one  of  this subdivision to obtain such
consultation AND AFFIDAVIT and none of those contacted  would  agree  to
such a consultation AND AFFIDAVIT.
  (b) Where a certificate is required pursuant to this section, a single
certificate  shall  be  filed  for  each  action,  even if more than one
defendant has been named in the complaint or is subsequently named.
  (c)  Where the attorney intends to rely solely on the doctrine of "res
ipsa  loquitur", this section shall be inapplicable.  In such cases, the
complaint shall be accompanied by a certificate, executed by the  attor-
ney, declaring that the attorney is solely relying on such doctrine and,
for that reason, is not filing a certificate required by this section.
  (d)  If  a request by the plaintiff for the records of the plaintiff's
medical or dental treatment by the defendants has  been  made  and  such
records  have  not been produced, the plaintiff shall not be required to
serve the certificate required by this section until ninety  days  after
such records have been produced.
  (e) For purposes of this section, and subject  to  the  provisions  of
section  thirty-one hundred one of this chapter, an attorney who submits
a certificate as required by paragraph one or two of subdivision (a)  of
this  section  and  the  physician,  dentist [or], podiatrist OR SUBJECT
PROFESSIONALS with whom the attorney consulted shall not be required  to
disclose  the  identity  of  the  physician, dentist [or], podiatrist OR
SUBJECT PROFESSIONALS consulted and the contents  of  such  consultation
AND  AFFIDAVIT;  provided, however, that when the attorney makes a claim
under paragraph three of subdivision (a) of this  section  that  he  was
unable to obtain the required consultation AND AFFIDAVIT with the physi-
cian,  dentist [or], podiatrist OR SUBJECT PROFESSIONALS, the court may,
upon the request of a defendant made prior to compliance by  the  plain-
tiff with the provisions of section thirty-one hundred ONE of this chap-
ter,  require  the  attorney to divulge to the court the names of physi-
cians, dentists [or], podiatrists OR SUBJECT PROFESSIONALS refusing such
consultation AND AFFIDAVIT.
  (f) The provisions of this section shall not be applicable to a plain-
tiff who is not represented by an attorney.
  (g) The plaintiff may, in lieu of serving the certificate required  by
this  section,  provide the defendant or defendants with the information
required  by paragraph one  of  subdivision  (d)  of  section thirty-one
hundred one of this chapter within the period of time prescribed by this
section.
  (H) THE SUBJECT PROFESSIONAL OR PROFESSIONALS CONSULTED MAY NOT  BE  A
PARTY TO THE LITIGATION.

A. 8921                            10

  (I)  FOR   PURPOSES   OF   THIS  SECTION,  A COMPLAINT SHALL INCLUDE A
COMPLAINT, THIRD PARTY COMPLAINT, AN ANSWER CONTAINING A COUNTERCLAIM OR
A CROSS CLAIM.
  S  13.  Section  9-103  of  the general obligations law, as amended by
chapter 408 of the laws of 1979, paragraph a of subdivision 1  as  sepa-
rately amended by chapters 141 and 286 of the laws of 1984 and paragraph
c  of  subdivision  1  as  added  by chapter 174 of the laws of 1980, is
amended to read as follows:
  S 9-103. No duty to keep premises safe for certain uses;  responsibil-
ity for acts of such users. 1.  THE LEGISLATURE REAFFIRMS THE PURPOSE OF
THIS  SECTION  WHICH  IS  TO  ENCOURAGE PROPERTY OWNERS TO MAKE LAND AND
WATER AREAS AVAILABLE TO THE PUBLIC  FOR  RECREATIONAL  OR  CONSERVATION
PURPOSES  BY  LIMITING THEIR POTENTIAL LIABILITY EXPOSURE TOWARD PERSONS
ENTERING THEREON FOR SUCH PURPOSES. ITS PROVISIONS SHOULD  BE  CONSTRUED
TO ACCOMPLISH THOSE OBJECTIVES.
  1-A. DEFINITIONS. AS USED IN THIS SECTION:
  A.  "LANDS  USED  IN AGRICULTURAL PRODUCTION" MEANS LAND AS DEFINED IN
SUBDIVISION FOUR OF SECTION THREE HUNDRED ONE  OF  THE  AGRICULTURE  AND
MARKETS  LAW,  EXCEPT THAT THE PARCEL OF LAND MAY BE LESS THAN TEN ACRES
AND STILL QUALIFY.
  B. "OWNER, LESSEE, OR OCCUPANT"  MEANS  ANY  PERSON  ENTITLED  TO  THE
EXCLUSIVE  OR NON-EXCLUSIVE USE OR POSSESSION OF THE PREMISES, INCLUDING
HOLDERS OF CONSERVATION AND TRAIL EASEMENTS.
  C. "UNDEVELOPED PREMISES" MEANS PROPERTY  EXISTING  IN  ITS  NATURALLY
OCCURRING  STATE,  WITHOUT  STRUCTURES,  IMPROVEMENTS OR MANMADE OBJECTS
CONSTRUCTED, SITUATED OR PLACED ON THE PROPERTY BY  THE  OWNER,  LESSEE,
OCCUPANT  OR  OTHER  PERSONS.  IF PROPERTY CONTAINS BOTH UNDEVELOPED AND
DEVELOPED AREAS, THE OWNER, LESSEE OR OCCUPANT OWES NO DUTY TO KEEP  THE
UNDEVELOPED  PORTION OF THE PREMISES SAFE FOR ENTRY OR USE BY OTHERS FOR
RECREATIONAL PURPOSES, BUT NOTHING IN THIS SECTION AFFECTS OR ALTERS THE
LIABILITY OF SUCH OWNER, LESSEE OR OCCUPANT TO OTHERS WHO ENTER UPON THE
DEVELOPED PORTION OF  THE  PREMISES.  UNDEVELOPED  LAND  MAY  INCLUDE  A
CLEARED  PATH  IF  IT  IS  NOT  PAVED AND THE PATH SHALL NOT CEASE TO BE
"UNDEVELOPED" BECAUSE ITS CREATION OR MAINTENANCE REQUIRES MINOR  ALTER-
ATION  OF LANDSCAPE. LAND DOES NOT CEASE TO BE "UNDEVELOPED" IF THE ONLY
MANMADE ALTERATION IS THE PLANTING AND MAINTENANCE OF  FLORA,  INCLUDING
TREES, SHRUBS, FLOWERS, OR GRASS.
  2. Except as provided in subdivision [two] THREE,
  a.  an  owner,  lessee  or occupant of UNDEVELOPED premises OR OF LAND
USED IN AGRICULTURAL PRODUCTION, whether or not posted  as  provided  in
section  11-2111  of  the environmental conservation law, AND WHETHER OR
NOT A FARM, owes no duty to keep the premises safe for entry or  use  by
others  for  ANY RECREATIONAL USE, INCLUDING BUT NOT LIMITED TO hunting,
fishing, organized gleaning as defined in section seventy-one-y  of  the
agriculture and markets law, canoeing, boating, trapping, hiking, cross-
country  skiing, tobogganing, sledding, speleological activities, horse-
back riding, bicycle riding, hang gliding, motorized  vehicle  operation
for recreational purposes, snowmobile operation, cutting or gathering of
wood for non-commercial purposes or training of dogs, or to give warning
of  any  hazardous  condition or use of or structure or activity on such
premises to persons entering for such purposes;
  b. an owner, lessee or occupant of premises who  gives  permission  to
another to pursue any such activities upon such premises does not there-
by (1) extend any assurance that the premises are safe for such purpose,
or (2) constitute the person to whom permission is granted an invitee to
whom  a  duty of care is owed, or (3) assume responsibility for or incur

A. 8921                            11

liability for any injury to person or property  caused  by  any  act  of
persons to whom the permission is granted.
  c.  an  owner, lessee or occupant of a farm, as defined in section six
hundred seventy-one of the labor law, whether or not posted as  provided
in  section  11-2111 of the environmental conservation law, owes no duty
to keep such farm safe for entry or  use  by  a  person  who  enters  or
remains  in  or  upon such farm without consent or privilege, or to give
warning of any hazardous condition or use of or structure or activity on
such farm to persons so entering or remaining. This shall not be  inter-
preted,  or  construed, as a limit on liability for acts of gross negli-
gence in addition to those other acts referred to in  subdivision  [two]
THREE of this section.
  [2.]  3.  This section does not limit the liability which would other-
wise exist:
  a. for willful or malicious failure to guard, or to  warn  against,  a
dangerous condition, use, structure or activity; or
  b.  for  injury suffered in any case where permission to pursue any of
the activities enumerated in this section was granted  for  a  consider-
ation  other  than  the consideration, if any, paid to said landowner by
the state or federal government, or permission to train dogs was granted
for a consideration other than that provided for in section  11-0925  of
the environmental conservation law; or
  c.  for injury caused, by acts of persons to whom permission to pursue
any of the activities enumerated in this section was granted,  to  other
persons  as to whom the person granting permission, or the owner, lessee
or occupant of the premises, owed a duty to keep the premises safe or to
warn of danger.
  [3.] 4. Nothing in this section creates a duty of care  or  ground  of
liability for injury to person or property.
  5.  NO CAUSE OF ACTION SHALL ARISE AGAINST THE OWNER, TENANT OR LESSEE
OF LAND OR PREMISES FOR INJURIES TO ANY PERSON, OTHER THAN  AN  EMPLOYEE
OR  CONTRACTOR  OF  THE  OWNER,  TENANT OR LESSEE, WHO IS ON THE LAND OR
PREMISES FOR THE PURPOSE OF PICKING AND PURCHASING AGRICULTURAL OR  FARM
PRODUCTS  AT  A FARM OR "U-PICK" OPERATION, UNLESS THE PERSON'S INJURIES
WERE CAUSED BY A CONDITION WHICH INVOLVED AN UNREASONABLE RISK  OF  HARM
AND ALL OF THE FOLLOWING APPLY:
  A. THE OWNER, TENANT OR LESSEE KNEW, HAD REASON TO KNOW OF, OR REASON-
ABLY SHOULD HAVE KNOWN OF THE CONDITION OR RISK.
  B.  THE  OWNER, TENANT OR LESSEE FAILED TO EXERCISE REASONABLE CARE TO
MAKE THE CONDITION SAFE, OR TO WARN THE PERSON OF THE CONDITION OR RISK.
  S 14. Section 214-d of the civil practice law and  rules  is  REPEALED
and a new section 214-d is added to read as follows:
  S  214-D.  LIMITATIONS  ON  CERTAIN ACTIONS AGAINST PROFESSIONAL ENGI-
NEERS, ARCHITECTS, LANDSCAPE ARCHITECTS, LAND SURVEYORS OR  CONSTRUCTION
CONTRACTORS.  1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO OF THIS
SECTION, NO ACTION TO RECOVER DAMAGES FOR INJURY TO THE  PERSON  OR  FOR
WRONGFUL DEATH OR FOR DAMAGE TO PROPERTY NOR ANY ACTION FOR CONTRIBUTION
OR INDEMNITY FOR DAMAGES SUSTAINED ON ACCOUNT OF SUCH INJURY OR WRONGFUL
DEATH  OR DAMAGE TO PROPERTY ARISING FROM ANY DEFECT IN THE STRUCTURE OR
IMPROVEMENT RESULTING FROM  THE   DESIGN, PLANNING OR  SUPERVISION    OF
CONSTRUCTION OF AN IMPROVEMENT TO REAL PROPERTY SHALL BE BROUGHT AGAINST
A  PROFESSIONAL  ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR
OR CONSTRUCTION CONTRACTOR MORE THAN TEN YEARS AFTER THE  COMPLETION  OF
SUCH IMPROVEMENT.
  2.  IF, BY REASON OF SUCH DEFECT, AN INJURY TO THE PERSON OR AN INJURY
CAUSING  WRONGFUL DEATH OR AN INJURY TO PROPERTY OCCURS DURING THE TENTH

A. 8921                            12

YEAR AFTER COMPLETION, AN ACTION TO RECOVER DAMAGES FOR SUCH  INJURY  OR
WRONGFUL  DEATH  OR  DAMAGE TO PROPERTY MAY BE BROUGHT WITHIN  ONE  YEAR
AFTER THE DATE ON WHICH SUCH INJURY OCCURRED, BUT IN NO EVENT  MAY  SUCH
ACTION BE BROUGHT MORE THAN ELEVEN YEARS AFTER  THE  COMPLETION  OF  THE
IMPROVEMENT.
  3.    EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS SECTION, IN THE
EVENT THE PROVISIONS OF SUBDIVISION  ONE  OF  THIS  SECTION  SHALL  HAVE
REDUCED  THE  PERIOD DURING WHICH AN ACTION AGAINST A PROFESSIONAL ENGI-
NEER, ARCHITECT, LANDSCAPE  ARCHITECT,  LAND  SURVEYOR  OR  CONSTRUCTION
CONTRACTOR  COULD  HAVE  OTHERWISE  BEEN  BROUGHT  PURSUANT TO ANY OTHER
PROVISION OF LAW, RULE OR REGULATION, THE CLAIMANT SHALL, IN THAT EVENT,
BE ENTITLED TO INSTITUTE ANY SUCH ACTION FOR A PERIOD OF ONE YEAR  AFTER
THE EFFECTIVE DATE OF THIS SECTION.
  4.  THE  LIMITATIONS  PRESCRIBED  BY  THIS  SECTION SHALL NOT APPLY TO
ACTIONS BROUGHT BY ONE IN CONTRACTUAL OR PROFESSIONAL PRIVITY  WITH  THE
ENGINEER,  ARCHITECT, LANDSCAPE ARCHITECT, LAND SURVEYOR OR CONSTRUCTION
CONTRACTOR AND SHALL NOT BE ASSERTED BY WAY OF DEFENSE BY ANY PERSON  IN
ACTUAL  POSSESSION OR CONTROL AS OWNER, TENANT, OR OTHERWISE, OF SUCH AN
IMPROVEMENT AT THE TIME ANY DEFECT IN SUCH IMPROVEMENT  CONSTITUTES  THE
PROXIMATE CAUSE OF THE INJURY OR DEATH FOR WHICH IT IS PROPOSED TO BRING
AN ACTION.
  5.  FOR  PURPOSES OF THIS SECTION AN IMPROVEMENT SHALL BE DEEMED TO BE
"COMPLETED" (A) WHEN, AFTER THE IMPROVEMENT HAS BEEN STARTED,  A  PERMA-
NENT CERTIFICATE OF OCCUPANCY IS ISSUED BY THE MUNICIPALITY IN WHICH THE
IMPROVEMENT  IS  SITUATED,  IF  SUCH  IS  REQUIRED OR IS ACTUALLY ISSUED
PURSUANT TO LAW OR REGULATION; OR (B) IF A PUBLIC IMPROVEMENT, UPON  THE
ACCEPTANCE OF THE IMPROVEMENT BY THE OWNER, IF A CERTIFICATE OF OCCUPAN-
CY IS NOT REQUIRED AND HAS NOT BEEN ISSUED; OR (C) ON THE EARLIER OF THE
FOLLOWING  DATES,  IF  THE  PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION DO NOT APPLY (I) FOUR MONTHS PRIOR TO THE LAST DAY ON  WHICH
MECHANIC'S  LIEN,  RESULTING  FROM WORK PERFORMED OR MATERIALS FURNISHED
WITH RESPECT TO SUCH IMPROVEMENT, CAN BE FILED; OR (II) UPON THE OWNER'S
FINAL PAYMENT FOR SERVICES RENDERED OR MATERIALS SUPPLIED  WITH  RESPECT
TO SUCH IMPROVEMENT.
  6. AN ARCHITECT, ENGINEER, LANDSCAPE ARCHITECT, OR LAND SURVEYOR SHALL
MEAN  A  PERSON  LICENSED OR REGISTERED AS AN ARCHITECT, ENGINEER, LAND-
SCAPE ARCHITECT, LAND SURVEYOR OR CONSTRUCTION CONTRACTOR,  PURSUANT  TO
THE  PROVISIONS  OF THE EDUCATION LAW OR ANY PARTNERSHIP, CORPORATION OR
ANY OTHER ENTITY LAWFULLY PERFORMING ARCHITECTURAL,  ENGINEERING,  LAND-
SCAPE  ARCHITECTURAL  OR SURVEYING SERVICES.
  S  15.  Subdivisions  4 and 5 of section 214 of the civil practice law
and rules, as separately amended by chapters 485 and 682 of the laws  of
1986, are amended to read as follows:
  4.  an  action  to recover damages for an injury to property except as
provided in [section] SECTIONS 214-c, 214-D AND 214-F;
  5. an action to recover  damages  for  a  personal  injury  except  as
provided in sections 214-b, 214-c, 214-D, 214-F and 215;
  S 16. Subdivision (h) of rule 3211 and subdivision (i) of rule 3212 of
the civil practice law and rules are REPEALED.
  S 17.  The  general obligations law is amended by adding a new article
18-B to read as follows:
                              ARTICLE 18-B
                       EQUINE ACTIVITY SAFETY CODE
SECTION 18-301. SHORT TITLE.
        18-302. DEFINITIONS.
        18-303. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.

A. 8921                            13

        18-304. LIMITATION OF LIABILITY.
        18-305. POSTING AND NOTIFICATION.
  S    18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED
AS THE "EQUINE ACTIVITY SAFETY CODE ACT".
  S   18-302.   DEFINITIONS. FOR  THE  PURPOSES  OF  THIS  ARTICLE,  THE
FOLLOWING WORDS OR PHRASES SHALL BE DEFINED AS FOLLOWS:
  1.  "ENGAGES  IN AN EQUINE ACTIVITY" MEANS RIDING, TRAINING, ASSISTING
IN VETERINARY TREATMENT OF, DRIVING,  OR BEING  A  PASSENGER   UPON   AN
EQUINE,  WHETHER  MOUNTED OR UNMOUNTED, VISITING OR TOURING OR UTILIZING
AN EQUINE FACILITY AS PART OF AN ORGANIZED EVENT  OR  ACTIVITY,  OR  ANY
PERSON ASSISTING A PARTICIPANT OR SHOW MANAGEMENT. THE TERM "ENGAGES  IN
AN EQUINE ACTIVITY" DOES NOT INCLUDE BEING  A  SPECTATOR  AT  AN  EQUINE
ACTIVITY, EXCEPT IN CASES WHERE THE SPECTATOR PLACES HIMSELF IN AN UNAU-
THORIZED AREA OR IN IMMEDIATE PROXIMITY TO THE EQUINE ACTIVITY.
  2. "EQUINE" MEANS A HORSE, PONY, MULE OR DONKEY.
  3. "EQUINE ACTIVITY" MEANS:
  (A)   EQUINE  SHOWS, FAIRS, COMPETITIONS, PERFORMANCES OR PARADES THAT
INVOLVE ANY OR ALL BREEDS OF EQUINES AND ANY OF THE EQUINE  DISCIPLINES,
INCLUDING,  BUT  NOT LIMITED TO DRESSAGE, HUNTER AND JUMPER HORSE SHOWS,
GRAND PRIX JUMPING, THREE-DAY EVENTS, COMBINED TRAINING, RODEOS, RIDING,
DRIVING, PULLING, CUTTING, POLO,  STEEPLECHASING,  ENGLISH  AND  WESTERN
PERFORMANCE RIDING, ENDURANCE TRAIL RIDING, GYMKHANA GAMES, AND HUNTING.
  (B) EQUINE TRAINING OR TEACHING ACTIVITIES OR BOTH.
  (C) THE BOARDING OF EQUINES; INCLUDING NORMAL DAILY CARE THEREOF.
  (D)    RIDING,  INSPECTING OR EVALUATING BY A PURCHASER OR AN AGENT AN
EQUINE BELONGING TO ANOTHER, WHETHER OR NOT THE OWNER HAS RECEIVED  SOME
MONETARY CONSIDERATION OR OTHER THING OF VALUE FOR THE USE OF THE EQUINE
OR  IS PERMITTING A PROSPECTIVE PURCHASER OF THE EQUINE TO RIDE, INSPECT
OR EVALUATE THE EQUINE.
  (E) RIDES, TRIPS, HUNTS OR OTHER EQUINE ACTIVITIES OF ANY TYPE HOWEVER
INFORMAL OR IMPROMPTU THAT ARE SPONSORED BY AN EQUINE ACTIVITY SPONSOR.
  (F) PLACING OR REPLACING HORSESHOES OR HOOF TRIMMING ON AN EQUINE.
  (G) PROVIDING OR ASSISTING IN VETERINARY TREATMENT OF AN EQUINE.
  4. "EQUINE  ACTIVITY SPONSOR" MEANS AN INDIVIDUAL, GROUP, CLUB,  PART-
NERSHIP,  LIMITED  LIABILITY  COMPANY OR CORPORATION, WHETHER OR NOT THE
SPONSOR  IS  OPERATING FOR PROFIT  OR NONPROFIT, WHICH SPONSORS,  ORGAN-
IZES  OR  PROVIDES THE FACILITIES FOR, AN EQUINE ACTIVITY, INCLUDING BUT
NOT LIMITED TO: PONY CLUBS, 4-H CLUBS, HUNT CLUBS, RIDING CLUBS,  SCHOOL
AND  COLLEGE-SPONSORED  CLASSES, PROGRAMS   AND ACTIVITIES,  THERAPEUTIC
RIDING PROGRAMS, STABLE AND FARM OWNERS AND OPERATORS, INSTRUCTORS,  AND
PROMOTERS  OF  EQUINE    FACILITIES, INCLUDING BUT NOT LIMITED TO FARMS,
STABLES, CLUBHOUSES, PONY RIDE STRINGS, FAIRS, AND ARENAS AT  WHICH  THE
ACTIVITY IS HELD.
  5. "EQUINE PROFESSIONAL" MEANS A PERSON ENGAGED FOR COMPENSATION:
  (A) IN INSTRUCTING A PARTICIPANT OR RENTING TO A PARTICIPANT AN EQUINE
FOR THE PURPOSE OF RIDING, DRIVING OR BEING A PASSENGER UPON THE EQUINE;
  (B) IN RENTING EQUIPMENT OR TACK TO A PARTICIPANT;
  (C) TO PROVIDE DAILY CARE OF HORSES BOARDED AT AN EQUINE FACILITY; OR
  (D) TO TRAIN AN EQUINE.
  6. "INHERENT RISKS OF EQUINE ACTIVITIES" MEANS THOSE DANGERS OR CONDI-
TIONS WHICH ARE AN INTEGRAL PART OF EQUINE ACTIVITIES, INCLUDING BUT NOT
LIMITED TO:
  (A)  THE  PROPENSITY  OF  EQUINES TO BEHAVE IN WAYS THAT MAY RESULT IN
INJURY, HARM OR DEATH TO PERSONS ON OR AROUND THEM;

A. 8921                            14

  (B)  THE  UNPREDICTABILITY OF AN EQUINE'S REACTION TO  SUCH THINGS  AS
SOUNDS,  SUDDEN  MOVEMENT,  AND  UNFAMILIAR  OBJECTS, PERSONS  OR  OTHER
ANIMALS;
  (C) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS  INCLUD-
ING,  BUT NOT LIMITED TO, ROCKS, FOREST GROWTH, DEBRIS, BRANCHES, TREES,
ROOTS, STUMPS OR OTHER NATURAL OBJECTS;
  (D) COLLISIONS WITH OTHER EQUINES OR OBJECTS; AND
  (E) THE POTENTIAL OF A PARTICIPANT TO ACT IN A NEGLIGENT MANNER   THAT
MAY  CONTRIBUTE  TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS FAILING
TO MAINTAIN CONTROL OVER THE ANIMAL OR NOT  ACTING  WITHIN  HIS  OR  HER
ABILITY.
  7.  "PARTICIPANT"  MEANS  ANY PERSON, WHETHER AMATEUR OR PROFESSIONAL,
WHO ENGAGES IN AN EQUINE ACTIVITY, WHETHER OR  NOT  A  FEE  IS  PAID  TO
PARTICIPATE IN THE EQUINE ACTIVITY.
  S  18-303.   LIABILITY   OF  PERSONS INVOLVED IN EQUINE ACTIVITIES. 1.
NOTHING IN SECTION 18-304 OF THIS ARTICLE SHALL  PREVENT   OR LIMIT  THE
LIABILITY  OF  AN  EQUINE ACTIVITY SPONSOR OR AN EQUINE PROFESSIONAL, IF
THE EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL:
  (A) (1) PROVIDED THE EQUIPMENT OR TACK, AND KNEW OR SHOULD HAVE  KNOWN
THAT  THE  EQUIPMENT  OR TACK WAS FAULTY, AND SUCH EQUIPMENT OR TACK WAS
FAULTY TO THE EXTENT THAT IT DID CAUSE THE INJURY; OR
  (2) PROVIDED THE EQUINE AND FAILED  TO  MAKE  REASONABLE  AND  PRUDENT
EFFORTS  TO DETERMINE THE ABILITY OF THE PARTICIPANT TO ENGAGE SAFELY IN
THE  EQUINE  ACTIVITY,  AND  DETERMINE THE ABILITY OF THE PARTICIPANT TO
SAFELY MANAGE THE PARTICULAR EQUINE BASED ON THE PARTICIPANT'S REPRESEN-
TATIONS OF HIS ABILITY;
  (B) OWNS, LEASES, RENTS, HAS AUTHORIZED USE  OF  OR  IS  OTHERWISE  IN
LAWFUL  POSSESSION AND CONTROL OF THE LAND, OR FACILITIES UPON WHICH THE
PARTICIPANT  SUSTAINED INJURIES BECAUSE OF A DANGEROUS LATENT  CONDITION
WHICH WAS KNOWN OR SHOULD HAVE BEEN KNOWN TO THE EQUINE ACTIVITY SPONSOR
OR EQUINE PROFESSIONAL AND FOR WHICH WARNING SIGNS, PURSUANT TO SUBDIVI-
SION  FOUR OF SECTION 18-302 OF THIS ARTICLE HAVE NOT BEEN CONSPICUOUSLY
POSTED;
  (C) COMMITS AN ACT OR OMISSION  THAT  CONSTITUTES  WILLFUL  OR  WANTON
DISREGARD  FOR  THE  SAFETY OF THE PARTICIPANT, AND THAT ACT OR OMISSION
CAUSED THE INJURY;
  (D) INTENTIONALLY INJURES THE PARTICIPANT.
  2. THIS SECTION SHALL NOT APPLY TO THE HORSE RACING ACTIVITY   AUTHOR-
IZED  PURSUANT  TO ARTICLE TWO, THREE OR FOUR OF THE RACING, PARI-MUTUEL
WAGERING AND BREEDING LAW.
  S  18-304. LIMITATION OF LIABILITY.  1. EXCEPT AS PROVIDED IN   SUBDI-
VISION  TWO  OF SECTION 18-303 OF THIS ARTICLE, AN EQUINE ACTIVITY SPON-
SOR, AN EQUINE PROFESSIONAL OR ANY    OTHER    PERSON,    WHICH    SHALL
INCLUDE  A LIMITED LIABILITY COMPANY, CORPORATION  OR PARTNERSHIP, SHALL
NOT BE LIABLE FOR AN INJURY TO OR THE DEATH OF A  PARTICIPANT  RESULTING
FROM    THE   INHERENT   RISKS   OF   EQUINE ACTIVITIES   AND, EXCEPT AS
PROVIDED IN SUBDIVISION TWO  OF  SECTION  18-303  OF  THIS  ARTICLE,  NO
PARTICIPANT  NOR  PARTICIPANT'S   REPRESENTATIVE   SHALL MAKE  ANY CLAIM
AGAINST, MAINTAIN AN ACTION AGAINST OR RECOVER FROM AN  EQUINE  ACTIVITY
SPONSOR,  AN  EQUINE  PROFESSIONAL OR ANY OTHER PERSON FOR INJURY, LOSS,
DAMAGE OR DEATH OF THE PARTICIPANT RESULTING FROM ANY   OF THE  INHERENT
RISKS OF EQUINE ACTIVITIES.
  2.  NOTHING  IN  THIS  ARTICLE  SHALL  LIMIT  THE APPLICATION   OF THE
PROVISIONS OF SECTION 9-103 OF THIS CHAPTER.
  S 18-305. POSTING AND NOTIFICATION.  1.    EVERY  EQUINE  PROFESSIONAL
SHALL POST AND MAINTAIN SIGNS WHICH CONTAIN THE WARNING NOTICE SPECIFIED

A. 8921                            15

IN  SUBDIVISION TWO OF THIS SECTION. SUCH SIGNS  SHALL  BE  PLACED  IN A
CLEARLY VISIBLE  LOCATION  IN THE PROXIMITY OF THE EQUINE ACTIVITY.  THE
WARNING NOTICE SPECIFIED IN SUBDIVISION TWO OF THIS SECTION SHALL APPEAR
ON THE SIGN IN BLACK LETTERS, WITH EACH LETTER TO BE A  MINIMUM  OF  ONE
INCH IN HEIGHT. EVERY WRITTEN CONTRACT ENTERED INTO BY AN EQUINE PROFES-
SIONAL  FOR  THE PROVIDING OF PROFESSIONAL SERVICES, INSTRUCTION, OR THE
RENTAL OF EQUIPMENT OR TACK OR AN EQUINE TO A  PARTICIPANT,  WHETHER  OR
NOT    THE CONTRACT INVOLVES EQUINE ACTIVITIES ON OR OFF THE LOCATION OR
SITE OF THE EQUINE PROFESSIONAL'S BUSINESS,  SHALL  CONTAIN  IN  CLEARLY
READABLE PRINT  THE WARNING NOTICE SPECIFIED IN SUBDIVISION TWO OF  THIS
SECTION.
  2.  THE  SIGNS AND  CONTRACTS  DESCRIBED  IN SUBDIVISION ONE  OF  THIS
SECTION SHALL CONTAIN THE FOLLOWING WARNING NOTICE:
                                 WARNING
  UNDER  NEW YORK LAW, AN EQUINE PROFESSIONAL OR EQUINE ACTIVITY SPONSOR
IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE
ACTIVITIES RESULTING FROM  THE  INHERENT  RISKS  OF  EQUINE  ACTIVITIES,
PURSUANT TO SECTION 18-304 OF THE GENERAL OBLIGATIONS LAW.
  S  18.  The  civil  practice  law and rules is amended by adding a new
section 214-f to read as follows:
  S  214-F. ACTIONS ALLEGING INJURY FROM A PRODUCT; REPOSE. (A) NOTWITH-
STANDING ANY LAW TO THE CONTRARY,  AND  SUBJECT  TO  THE  PROVISIONS  OF
SUBDIVISIONS  (B), (C) AND (D) OF THIS SECTION, NO CAUSE OF ACTION ARIS-
ING OUT OF THE MANUFACTURE, SALE  OR  MARKETING  OF  A  PRODUCT  MAY  BE
COMMENCED MORE THAN TEN YEARS AFTER ANY SUCH PRODUCT IS DELIVERED TO THE
FIRST PURCHASER OR LESSEE.
  (B)  THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION SHALL NOT BAR A
PRODUCT LIABILITY ACTION AGAINST A SUBJECT DEFENDANT WHO SHALL HAVE MADE
AN EXPRESS WARRANTY, IN WRITING, AS TO THE SAFETY OR LIFE EXPECTANCY  OF
THE  SPECIFIC  PRODUCT INVOLVED, WHICH PERIOD OF WARRANTY IS LONGER THAN
TEN YEARS, EXCEPT THAT SUCH SUBDIVISION SHALL APPLY AT THE EXPIRATION OF
THAT WARRANTY.
  (C) IF A PRODUCT LIABILITY CAUSE OF ACTION ACCRUES DURING THE TEN YEAR
PERIOD DESCRIBED IN SUBDIVISION (A) OF THIS SECTION BUT AT A  TIME  LESS
THAN  TWO  YEARS PRIOR TO THE EXPIRATION OF SUCH PERIOD, SUCH ACTION MAY
BE BROUGHT WITHIN TWO YEARS AFTER ACCRUAL  THEREOF;  PROVIDED,  HOWEVER,
THAT IN NO EVENT MAY SUCH ACTION BE BROUGHT MORE THAN TWELVE YEARS AFTER
THE PRODUCT WAS DELIVERED TO THE FIRST PURCHASER OR LESSEE.
  (D) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C) OF THIS SECTION, IN
THE  EVENT  THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION SHALL HAVE
REDUCED THE PERIOD DURING WHICH A PRODUCT LIABILITY  ACTION  COULD  HAVE
OTHERWISE  BEEN  BROUGHT PURSUANT TO ANY OTHER PROVISION OF LAW, RULE OR
REGULATION, THE CLAIMANT SHALL, IN THAT EVENT, BE ENTITLED TO  INSTITUTE
ANY  SUCH  ACTION  FOR  A PERIOD OF ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION.
  (E) FOR PURPOSES OF THIS SECTION, "CAUSE OF ACTION ARISING OUT OF  THE
MANUFACTURE, SALE OR MARKETING OF A PRODUCT" MEANS ANY ACTION, INCLUDING
BUT  NOT  LIMITED  TO  A  CONTRIBUTION, INDEMNITY OR RESTITUTION ACTION,
BROUGHT FOR OR ON ACCOUNT OF PERSONAL INJURY, WRONGFUL DEATH, INJURY  TO
PROPERTY  OR  EXPENDITURE OF FUNDS THAT IS ALLEGED TO HAVE RESULTED FROM
THE MANUFACTURE, SALE, USE, CONSTRUCTION, DESIGN, FORMULATION,  DEVELOP-
MENT  OF STANDARDS, PREPARATION, PROCESSING, ASSEMBLY, REBUILDING, TEST-
ING, LISTING, CERTIFYING, MARKETING, ADVERTISING, PACKAGING OR  LABELING
OF  ANY  PRODUCT,  OR  ANY  WARNING OR INSTRUCTION OR LACK OF WARNING OR
INSTRUCTION ASSOCIATED WITH THAT PRODUCT, REGARDLESS OF  THE  THEORY  OF
LIABILITY EMPLOYED.

A. 8921                            16

  (F)  NOTWITHSTANDING  THE  FOREGOING PROVISIONS OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, RULE OR REGULATION,  NO  CLAIM  MAY  BE  BROUGHT
AGAINST  A  DEFENDANT  IN ANY CIVIL ACTION IF EITHER (I) WITH RESPECT TO
ALL CIVIL ACTIONS, INCLUDING ACTIONS SUBJECT HEREIN, THE CLAIM IS  BASED
IN  WHOLE  OR  IN  PART  ON  ANY  ACT OR OMISSION OF THE DEFENDANT WHICH
OCCURRED MORE THAN TWENTY-FIVE YEARS BEFORE THE CLAIM  WAS  BROUGHT;  OR
(II)  WITH  RESPECT  TO  ANY  SUCH  ACTIONS SUBJECT HEREIN, THE CLAIM IS
BROUGHT MORE THAN TWENTY-FIVE YEARS AFTER THE DATE OF  DELIVERY  OF  THE
PRODUCT  TO  THE  FIRST PURCHASER OR LESSEE, WHICH PRODUCT IS ALLEGED TO
HAVE CAUSED THE PLAINTIFF'S INJURY OR DAMAGE.
  S 19. The civil practice law and rules is  amended  by  adding  a  new
article 14-B to read as follows:
                              ARTICLE 14-B
                       PRODUCT LIABILITY ACTIONS;
                            SPECIFIC DEFENSES
        1420. POSTMANUFACTURE CHANGES.
        1421. SEALED CONTAINERS.
        1422. STATE OF THE ART DESIGN.
  S  1420.  POSTMANUFACTURE  CHANGES.  IN  A  PRODUCT  LIABILITY ACTION,
EVIDENCE OF MEASURES TAKEN BY THE MANUFACTURER OR SELLER AFTER AN EVENT,
WHICH IF TAKEN PREVIOUSLY WOULD HAVE  MADE  THE  EVENT  LESS  LIKELY  TO
OCCUR,  IS  NOT ADMISSIBLE TO PROVE NEGLIGENCE OR CULPABLE CONDUCT OR TO
PROVE A DEFECT IN THE PRODUCT.  EVIDENCE  OF  SUBSEQUENT  MEASURES  MAY,
HOWEVER, BE ADMISSIBLE WHEN OFFERED TO IMPEACH OR AS PROOF OF OWNERSHIP,
CONTROL  OR  FEASIBILITY  OF  PRECAUTIONARY MEASURES, IF SUCH ISSUES ARE
CONTROVERTED.
  S 1421. SEALED CONTAINERS. IN ANY PRODUCT LIABILITY ACTION A PARTY MAY
ASSERT AS A DEFENSE IN SUCH ACTION THAT HE OR SHE IS NOT THE MANUFACTUR-
ER OF THE PRODUCT IN QUESTION AND THAT SUCH  PRODUCT  WAS  ACQUIRED  AND
SOLD  BY  HIM  OR  HER  IN  A  SEALED  CONTAINER OR THAT THE PRODUCT WAS
ACQUIRED AND SOLD BY HIM OR HER UNDER CIRCUMSTANCES IN WHICH HE  OR  SHE
WAS  AFFORDED NO REASONABLE OPPORTUNITY TO INSPECT THE PRODUCT IN SUCH A
MANNER WHICH WOULD HAVE OR SHOULD HAVE, IN THE  EXERCISE  OF  REASONABLE
CARE,  REVEALED  THE  EXISTENCE  OF  THE  DEFECTIVE CONDITION; PROVIDED,
HOWEVER, THAT THE DEFENSE SET FORTH IN THIS SECTION SHALL NOT BE  AVAIL-
ABLE  IF (A) THE MANUFACTURER IS NOT SUBJECT TO SERVICE OF PROCESS UNDER
THE LAWS OF THE STATE IN WHICH THE PLAINTIFF BRINGS THE ACTION,  OR  (B)
THE MANUFACTURER HAS BEEN JUDICIALLY DECLARED INSOLVENT AND IS UNABLE TO
PAY  ITS DEBTS AS THEY BECOME DUE IN THE ORDINARY COURSE OF BUSINESS, OR
(C) THE COURT DETERMINES THAT THE PLAINTIFF WOULD BE UNABLE TO ENFORCE A
JUDGMENT AGAINST THE MANUFACTURER. THE PROVISIONS OF THIS SECTION  SHALL
NOT  APPLY  TO ACTIONS BASED UPON BREACH OF EXPRESS WARRANTY, NEGLIGENCE
OR FRAUDULENT MISREPRESENTATION OF THE SELLER.
  S 1422. STATE OF THE ART DESIGN. (A) IN ANY PRODUCT  LIABILITY  ACTION
BASED  UPON  DEFECTIVE  DESIGN,  A  PARTY SHALL NOT BE LIABLE UNLESS THE
PLAINTIFF PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT,  AT  THE  TIME
THE  PRODUCT  LEFT  THE  CONTROL  OF THE PARTY, THERE EXISTED A FEASIBLE
ALTERNATIVE DESIGN THAT WOULD HAVE PREVENTED THE HARM  WITHOUT  SUBSTAN-
TIALLY IMPAIRING THE USEFULNESS OR DESIRABILITY OF THE PRODUCT TO USERS.
  (B)  IN  ANY  PRODUCT  LIABILITY ACTION BASED UPON DEFECTIVE DESIGN, A
PARTY SHALL NOT BE LIABLE UNLESS THE PLAINTIFF PROVES BY A PREPONDERANCE
OF THE EVIDENCE THAT THE PRODUCT DESIGN WAS THE IMMEDIATE, PHYSICAL  AND
PRODUCING  CAUSE  OF  THE  INJURY  OR  DAMAGE  OF  WHICH  THE  PLAINTIFF
COMPLAINS, AND THAT, IF A FEASIBLE ALTERNATIVE  DESIGN  AS  PROVIDED  IN
SUBDIVISION  (A) OF THIS SECTION WAS MARKETED BY THE DEFENDANT, THE USER
OF THE PRODUCT WOULD HAVE RESPONDED BY ALTERING HIS CONDUCT AND  THEREBY

A. 8921                            17

WOULD  HAVE  AVOIDED OR REDUCED THE INJURY OR DAMAGE OF WHICH THE PLAIN-
TIFF COMPLAINS.
  (C)  IN  ANY  PRODUCT  LIABILITY ACTION BASED UPON DEFECTIVE DESIGN, A
PARTY SHALL NOT BE LIABLE UNLESS THE PLAINTIFF PROVES BY A PREPONDERANCE
OF THE EVIDENCE THAT, AT THE TIME THE PRODUCT LEFT THE  CONTROL  OF  THE
PARTY,  SUCH  PARTY  KNEW  OR,  IN LIGHT OF THEN EXISTING SCIENTIFIC AND
TECHNOLOGICAL KNOWLEDGE, REASONABLY SHOULD HAVE KNOWN OF THE DANGER THAT
CAUSED THE PLAINTIFF'S HARM.
  (D) IN ANY PRODUCT LIABILITY ACTION BASED ON DEFECTIVE DESIGN, A PROD-
UCT SHALL NOT BE FOUND TO CONTAIN A DEFECT OR BE UNREASONABLY  DANGEROUS
FOR  ITS  INTENDED  USE IF THE PERSONAL INJURY, PROPERTY DAMAGE OR DEATH
FOR WHICH RECOVERY OF DAMAGES IS SOUGHT WAS CAUSED BY AN INHERENT ASPECT
OF THE PRODUCT ABOUT  WHICH  ADEQUATE  SPECIFICATIONS,  INSTRUCTIONS  OR
WARNINGS ARE PROVIDED OR WHICH WOULD BE RECOGNIZED AS CAPABLE OF CAUSING
HARM  BY  THE  ORDINARY PERSON WHO USES OR CONSUMES THE PRODUCT WITH THE
ORDINARY KNOWLEDGE COMMON TO THE CLASS OF PERSONS FOR WHOM  THE  PRODUCT
IS INTENDED.
  (E) IN ANY PRODUCT LIABILITY ACTION BASED ON DEFECTIVE DESIGN, A PROD-
UCT  SHALL NOT BE FOUND TO CONTAIN A DEFECT OR BE UNREASONABLY DANGEROUS
FOR ITS INTENDED USE IF THE PERSONAL INJURY, PROPERTY  DAMAGE  OR  DEATH
FOR  WHICH  RECOVERY  OF  DAMAGES IS SOUGHT WAS CAUSED BY AN UNAVOIDABLY
UNSAFE PRODUCT, AS DEFINED IN COMMENT K TO SECTION 402A OF THE  RESTATE-
MENT  (2D)  OF  TORTS,  AND SPECIFICATIONS, WARNINGS OR INSTRUCTIONS ARE
PROVIDED TO THE EXTENT REQUIRED BY THIS ARTICLE.
  S 20. The labor law is amended by adding a new section 742 to read  as
follows:
  S  742.  DISCLOSURE  OF  EMPLOYMENT RELATED INFORMATION; PRESUMPTIONS;
CAUSES OF ACTION; DEFINITIONS. 1. ANY EMPLOYER WHO, UPON  REQUEST  BY  A
PROSPECTIVE  EMPLOYER OR A CURRENT OR FORMER EMPLOYEE, PROVIDES ACCURATE
INFORMATION ABOUT A CURRENT OR  FORMER  EMPLOYEE'S  JOB  PERFORMANCE  OR
REASONS  FOR  SEPARATION  SHALL BE IMMUNE FROM CIVIL LIABILITY AND OTHER
CONSEQUENCES OF SUCH DISCLOSURE PROVIDED SUCH EMPLOYER IS NOT ACTING  IN
BAD  FAITH.  AN  EMPLOYER  SHALL BE CONSIDERED TO BE ACTING IN BAD FAITH
ONLY IF IT CAN BE SHOWN BY A PREPONDERANCE  OF  THE  EVIDENCE  THAT  THE
INFORMATION DISCLOSED WAS KNOWINGLY FALSE AND DELIBERATELY MISLEADING.
  2.  ANY  PROSPECTIVE  EMPLOYER  WHO  REASONABLY  RELIES ON INFORMATION
PERTAINING TO AN EMPLOYEE'S JOB PERFORMANCE OR REASONS  FOR  SEPARATION,
DISCLOSED  BY  A  FORMER  EMPLOYER, SHALL BE IMMUNE FROM CIVIL LIABILITY
INCLUDING LIABILITY FOR NEGLIGENT HIRING, NEGLIGENT RETENTION, AND OTHER
CAUSES OF ACTION RELATED TO THE HIRING OF SUCH EMPLOYEE, BASED UPON SUCH
REASONABLE RELIANCE, UNLESS FURTHER  INVESTIGATION,  INCLUDING  BUT  NOT
LIMITED TO A CRIMINAL BACKGROUND CHECK, IS REQUIRED BY LAW.
  3. AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES SHALL HAVE
THE FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE:
  (A)  "EMPLOYER"  MEANS  ANY PERSON, FIRM, LIMITED LIABILITY COMPANY OR
CORPORATION, INCLUDING THE STATE AND ITS POLITICAL SUBDIVISIONS, AND ANY
AGENT THEREOF WITH ONE OR  MORE  EMPLOYEES,  OR  INDIVIDUALS  PERFORMING
SERVICES  UNDER  ANY  CONTRACT OF HIRE OR SERVICE, EXPRESSED OR IMPLIED,
ORAL OR WRITTEN.
  (B) "EMPLOYEE" MEANS ANY PERSON, PAID OR UNPAID, IN THE SERVICE OF  AN
EMPLOYER.
  (C)  "PROSPECTIVE  EMPLOYER" MEANS ANY "EMPLOYER", AS DEFINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, TO WHICH A PROSPECTIVE EMPLOYEE HAS  MADE
APPLICATION,  EITHER  ORAL  OR  WRITTEN,  OR FORWARDED A RESUME OR OTHER
CORRESPONDENCE EXPRESSING AN INTEREST IN EMPLOYMENT.

A. 8921                            18

  (D) "PROSPECTIVE EMPLOYEE" MEANS ANY PERSON WHO HAS MADE  AN  APPLICA-
TION,  EITHER ORAL OR WRITTEN, OR HAS SENT A RESUME OR OTHER CORRESPOND-
ENCE INDICATING AN INTEREST IN EMPLOYMENT.
  (E)  "JOB  PERFORMANCE"  INCLUDES,  BUT IS NOT LIMITED TO, ATTENDANCE,
ATTITUDE, AWARDS, DEMOTIONS,  DUTIES,  EFFORT,  EVALUATIONS,  KNOWLEDGE,
SKILLS, PROMOTIONS, AND DISCIPLINARY ACTIONS.
  S  21.  Severability.  If  any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair, or invalidate the remainder ther-
eof, but shall be confined in its operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 22. This act shall take effect immediately; provided,  however,  the
provisions of sections one, six, seven, eight and nine of this act shall
take  effect  on the one hundred eightieth day after this act shall have
become a law; provided further, the  provisions  of  sections  fourteen,
fifteen  and sixteen of this act shall take effect on the first of Janu-
ary next succeeding the date on which this act shall have become a  law;
provided  further  the provisions of section seventeen of this act shall
take effect on the ninetieth day after this act shall have become a law;
and provided further, that the provisions of this act shall  apply  only
to  causes  of  action  commenced on or after the effective date of each
applicable section.

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Assembly Bill A8921

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Sponsored By

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Archive: Last Bill Status - In Assembly Committee

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co-Sponsors

Daniel Burling

Robert Oaks

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Dean Murray

multi-Sponsors

James Bacalles

William A. Barclay

Marc Butler

James Conte

2009-A8921 (ACTIVE) - Details

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