Senate Bill S9547

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9547
 
                             I N  S E N A T E
 
                              March 24, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the highway law, in relation to  the  state's  liability
   for damages caused by defects on state roads
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may  be  cited  as  the  "State
 Accountability For Equitable Road Oversight And Defect Solutions Act" or
 the "SAFE ROADS Act".
   §  2. 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 THE state for damages.  [The  state  shall  not  be
 liable  for  damages  suffered by any person from defects in state high-
 ways, 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,  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]  SUBJECT  TO  THE  PROVISIONS  OF
 SUBDIVISION  TWO OF THIS SECTION, THE STATE SHALL BE LIABLE FOR INJURIES
 OR DAMAGE SUSTAINED BY PERSONS WHILE TRAVELING ON STATE HIGHWAYS, IF THE
 SAME ARE CAUSED BY DEFECTS WITHIN THE LIMITS OF THE CONSTRUCTED TRAVELED
 ROADWAY; PROVIDED, HOWEVER, THAT THE STATE SHALL NOT BE LIABLE FOR INJU-
 RY OR DAMAGE SUSTAINED:
   (A) BECAUSE OF THE WANT OF A RAILING IN OR UPON ANY STATE HIGHWAY;
   (B) UPON THE SIDEWALK OF ANY STATE HIGHWAY;
   (C) DURING THE CONSTRUCTION, RECONSTRUCTION OR  REPAIR  OF  ANY  STATE
 HIGHWAY;
   (D)  BY  REASON  OF  SNOW OR ICE ON ANY STATE HIGHWAY, IF THE PLACE AT
 WHICH THE INJURY OR DAMAGE WAS SUSTAINED WAS AT THE TIME OF THE ACCIDENT
 OTHERWISE REASONABLY SAFE AND CONVENIENT FOR TRAVELERS; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15223-02-6
 S. 9547                             2
              

 
   (E) AS A RESULT OF DAMAGE TO A BRIDGE ON A STATE HIGHWAY CAUSED  BY  A
 VEHICLE WITH A LOAD EXCEEDING FORTY-FIVE HUNDRED POUNDS IN WEIGHT EXCLU-
 SIVE OF THE TEAM AND VEHICLE.
   2.  THE  STATE  SHALL  HAVE NO LIABILITY UNDER THIS SECTION UNLESS THE
 PLAINTIFF ESTABLISHES THAT:
   (A) THE PROPERTY WAS IN A DANGEROUS CONDITION AT THE TIME OF THE INJU-
 RY OR DAMAGE, THAT THE INJURY OR DAMAGE WAS PROXIMATELY  CAUSED  BY  THE
 DANGEROUS  CONDITION,  THAT THE DANGEROUS CONDITION CREATED A REASONABLY
 FORESEEABLE RISK OF THE KIND OF INJURY OR DAMAGE WHICH WAS INCURRED; AND
   (B) THAT EITHER:
   (I) A NEGLIGENT OR WRONGFUL ACT OR OMISSION  OF  AN  EMPLOYEE  OF  THE
 STATE WITHIN THE SCOPE OF SUCH EMPLOYEE'S EMPLOYMENT CREATED THE DANGER-
 OUS CONDITION; OR
   (II)  THE  STATE  HAD  ACTUAL  OR CONSTRUCTIVE NOTICE OF THE DANGEROUS
 CONDITION FOR AT LEAST FIFTEEN DAYS PRIOR TO THE  INJURY  OR  DAMAGE  TO
 HAVE TAKEN MEASURES TO PROTECT AGAINST THE DANGEROUS CONDITION.
   3.  FOR  THE  PURPOSES  OF  PARAGRAPH  (B)  OF SUBDIVISION TWO OF THIS
 SECTION:
   (A) THE STATE HAS ACTUAL NOTICE OF A DANGEROUS  CONDITION  IF  IT  HAD
 ACTUAL  KNOWLEDGE  OF  THE EXISTENCE OF THE CONDITION AND KNEW OR SHOULD
 HAVE KNOWN OF ITS DANGEROUS CHARACTER; AND
   (B) THE STATE HAS CONSTRUCTIVE NOTICE OF A DANGEROUS CONDITION ONLY IF
 THE PLAINTIFF ESTABLISHES THAT THE CONDITION  HAD  EXISTED  FOR  SUCH  A
 PERIOD  OF TIME AND WAS OF SUCH AN OBVIOUS NATURE THAT THE STATE, IN THE
 EXERCISE OF DUE CARE, SHOULD  HAVE  DISCOVERED  THE  CONDITION  AND  ITS
 DANGEROUS CHARACTER.
   (C)  ON THE ISSUE OF DUE CARE, ADMISSIBLE EVIDENCE INCLUDES BUT IS NOT
 LIMITED TO EVIDENCE AS TO:
   (I) WHETHER THE EXISTENCE OF THE CONDITION AND ITS DANGEROUS CHARACTER
 WOULD HAVE BEEN DISCOVERED BY AN INSPECTION SYSTEM THAT  WAS  REASONABLY
 ADEQUATE  (CONSIDERING THE PRACTICABILITY AND COST OF INSPECTION WEIGHED
 AGAINST THE LIKELIHOOD AND MAGNITUDE OF THE POTENTIAL  DANGER  TO  WHICH
 FAILURE  TO  INSPECT  WOULD  GIVE  RISE) TO INFORM THE STATE WHETHER THE
 HIGHWAY WAS SAFE FOR THE INTENDED USE OF THE HIGHWAY; AND
   (II) WHETHER THE STATE MAINTAINED  AND  OPERATED  SUCH  AN  INSPECTION
 SYSTEM WITH DUE CARE AND DID NOT DISCOVER THE CONDITION.
   4.  NOTHING  IN THIS SECTION shall be construed to impose on the state
 any liability for defects  in  bridges  over  which  the  state  has  no
 control.
   5. 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 limits
 to be determined by the center line of the roadway as shown on the plans
 on file with the department of transportation 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.
   §  3. This act shall take effect on the first of April next succeeding
 the date upon which it shall have become a law.