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This entry was published on 2014-09-22
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Negligence in use or operation of vehicle attributable to owner
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 3, ARTICLE 11
§ 388. Negligence in use or operation of vehicle attributable to

1. Every owner of a vehicle used or operated in this state shall be
liable and responsible for death or injuries to person or property
resulting from negligence in the use or operation of such vehicle, in
the business of such owner or otherwise, by any person using or
operating the same with the permission, express or implied, of such
owner. Whenever any vehicles as hereinafter defined shall be used in
combination with one another, by attachment or tow, the person using or
operating any one vehicle shall, for the purposes of this section, be
deemed to be using or operating each vehicle in the combination, and the
owners thereof shall be jointly and severally liable hereunder.

2. As used in this section, "vehicle" means a "motor vehicle", as
defined in section one hundred twenty-five of this chapter, except fire
and police vehicles, self-propelled combines, self-propelled corn and
hay harvesting machines and tractors used exclusively for agricultural
purposes, and shall also include "semitrailer" and "trailer" as defined
in article one of this chapter, whether or not such vehicles are used or
operated upon a public highway. For the purpose of this section,
self-propelled caterpillar or crawler-type equipment while being
operated on the contract site, shall not be defined as motor vehicles.

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
delivery 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 vehicle. 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.

4. All bonds executed by or policies of insurance issued to the owner
of any vehicle subject to the provisions of this section shall contain a
provision for indemnity or security against the liability and
responsibility provided in this section; but, except as provided in
paragraphs one and two of subsection (g) of section three thousand four
hundred twenty of the insurance law, this provision shall not be
construed as requiring that such a policy include insurance against any
liability of the insured, being an individual, for death of or injuries
to his or her spouse or for injury to property of his or her spouse,
where the injured spouse, to be entitled to recover, must prove the
culpable conduct of the insured spouse.