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.
STATE OF NEW YORK
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6654
2017-2018 Regular Sessions
IN ASSEMBLY
March 10, 2017
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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:
1 Section 1. Section 58 of the highway law, as amended by chapter 1110
2 of the laws of 1971, is amended to read as follows:
3 § 58. Liability of state for damages. The state shall not be liable
4 for damages suffered either by any person or to his or her property from
5 defects in state highways, except between the first day of May and the
6 fifteenth day of November on such highways as are maintained by the
7 state under such system as the commissioner of transportation may adopt
8 pursuant to section twelve of this chapter, but the liability for such
9 damages shall otherwise remain as now provided by law, notwithstanding
10 the construction or improvement and maintenance of such highways by the
11 state under this chapter; but nothing herein contained shall be
12 construed to impose on the state any liability for defects in bridges
13 over which the state has no control. The state shall reimburse any
14 person for damages suffered by him or her or to his or her property
15 which were incurred between the first day of May and the fifteenth day
16 of November on such highways as are maintained by the state. Property
17 damages shall be limited to the value of the repairs made by a certified
18 automotive technician. The burden of proof lies with the person who
19 suffered the damage to show the state was aware of and acknowledged the
20 defect and failed to correct it within a reasonable amount of time. For
21 purposes of this section, reasonable amount of time shall mean a maximum
22 of two weeks. Within the limits of incorporated villages the state shall
23 maintain a width of pavement equal to the width of pavement constructed
24 or improved at the expense of the state, if a state highway, the
25 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.
LBD10495-01-7
A. 6654 2
1 limits to be determined by the center line of the roadway as shown on
2 the plans on file with the department of transportation and the state
3 shall be liable for damages to persons or property only when such damage
4 shall occur as a result of the defective condition of the portion of
5 improved highway as above described.
6 § 2. This act shall take effect immediately.
