Assembly Bill A7387

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7387
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2017
                                ___________
 
 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:
   § 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  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 with-
 in  said  incorporated limits to be determined by the center line of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10927-02-7

 A. 7387                             2
 
 roadway as shown on the plans on file with the department of transporta-
 tion and the state shall be liable for damages to  persons  or  property
 only when such damage shall occur as a result of the defective condition
 of the portion of improved highway as above described.
   § 2. No reimbursement required under section 58 of the highway law, as
 amended by section one of this act, shall be paid prior to the effective
 date of this act.
   § 3. This act shall take effect immediately.