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Assembly Bill A7672

2015-2016 Legislative Session

Relates to the liability of the state for damages

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Archive: Last Bill Status - In Assembly Committee

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2015-A7672 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Highway Law
Laws Affected:
Amd ยง58, Hway L
Versions Introduced in 2017-2018 Legislative Session:
A6654

2015-A7672 (ACTIVE) - Summary

Relates to the liability of the state for damages; requires the state to reimburse a person for damages suffered by him or her or to his or her property.

2015-A7672 (ACTIVE) - Bill Text download pdf 

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

                                  7672

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Judiciary

AN  ACT  to amend the highway law, in relation to liability of state for
  damages

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

  Section  1.  Section 58 of the highway law, as amended by chapter 1110
of the laws of 1971, is amended to read as follows:
  S 58. Liability of state for damages. The state shall  not  be  liable
for damages suffered EITHER by any person OR TO HIS OR HER PROPERTY from
defects  in  state highways, except between the first day of May and the
fifteenth day of November on such highways  as  are  maintained  by  the
state  under such system as the commissioner of transportation may adopt
pursuant to section twelve OF THIS CHAPTER, but the liability  for  such
damages  shall  otherwise remain as now provided by law, notwithstanding
the construction or improvement and maintenance of such highways by  the
state  under  this  chapter;  but  nothing  herein  contained  shall  be
construed to impose on the state any liability for  defects  in  bridges
over  which  the  state  has  no  control. THE STATE SHALL REIMBURSE ANY
PERSON FOR DAMAGES SUFFERED BY HIM OR HER OR  TO  HIS  OR  HER  PROPERTY
WHICH  WERE  INCURRED BETWEEN THE FIRST DAY OF MAY AND THE FIFTEENTH DAY
OF NOVEMBER ON SUCH HIGHWAYS AS ARE MAINTAINED BY THE STATE.    PROPERTY
DAMAGES SHALL BE LIMITED TO THE VALUE OF THE REPAIRS MADE BY A CERTIFIED
AUTOMOTIVE  TECHNICIAN.  THE  BURDEN  OF  PROOF LIES WITH THE PERSON WHO
SUFFERED THE DAMAGE TO SHOW THE STATE WAS AWARE OF AND ACKNOWLEDGED  THE
DEFECT  AND FAILED TO CORRECT IT WITHIN A REASONABLE AMOUNT OF TIME. FOR
PURPOSES OF THIS SECTION, REASONABLE AMOUNT OF TIME SHALL MEAN A MAXIMUM
OF TWO WEEKS. Within the limits of incorporated villages the state shall
maintain a width of pavement equal to the width of pavement  constructed
or  improved  at  the  expense  of  the  state,  if a state highway, the
location of the state's portion of such roadway within said incorporated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10599-02-5

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