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Assembly Bill A6654

2017-2018 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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2017-A6654 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Highway Law
Laws Affected:
Amd §58, Hway L
Versions Introduced in 2015-2016 Legislative Session:
A7672

2017-A6654 (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.

2017-A6654 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6654
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GJONAJ,  RAIA,  JEAN-PIERRE -- 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:
   §  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.

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