New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S3441

Introduced
1/10/23  

Caption

Prohibits snowplow or de-icing service contract from indemnifying promisee against liability for loss or damage in certain instances.

Impact

By making indemnity clauses in snowplow and de-icing contracts void and unenforceable, S3441 brings New Jersey in line with other states that have enacted similar anti-indemnity statutes. The bill limits the ability of businesses and individuals who contract for snow removal to shift their liability onto the service providers, thereby enhancing protection for the service providers and ensuring that they are not unfairly burdened by potential legal repercussions stemming from another party's negligence or misconduct.

Summary

Senate Bill S3441 aims to establish regulations surrounding snowplow and de-icing service contracts. Specifically, it prohibits these contracts from including indemnity clauses that would relieve the promisee from liability resulting from their own negligence, intentional acts, or omissions. This type of regulation is designed to protect those providing snow removal services from being unfairly held accountable for liability when the fault lies with the promisee or party requesting the service.

Contention

The bill aligns with existing regulations limiting indemnity provisions in various types of service contracts in New Jersey, particularly in construction and transportation. However, it may face opposition from some businesses and local governments that may see the restrictions as unnecessary or limiting for their operational needs. Understanding the balance between protecting service providers and ensuring that entities utilizing these services can effectively manage risk will be a notable point of discussion in the legislative process.

Companion Bills

No companion bills found.

Previously Filed As

NJ A4533

Requires DOT to publish live tracking feed of snowplows owned, operated, or contracted by DOT.

NJ HB1924

School boards; prohibition against hiring or contracting for the services of certain individuals.

NJ H2100

Relative to snow removal service liability limitation

NJ A2100

Permits educational research and services corporation to act as lead agency or contracting unit for procurement of any goods or services.*

NJ SB687

Relating to liability for land surveying services in or in connection with certain construction or services contracts.

NJ S1388

Prohibits health club services contracts from limiting liability for injuries caused by negligence of health club.

NJ A2113

Prohibits health club services contracts from limiting liability for injuries caused by negligence of health club.

NJ HB2203

Relating to liability for land surveying services in or in connection with certain construction or services contracts.

NJ S2485

Limits rescheduling, cancellation, and no-show fees providers of health care services may charge in certain instances.

NJ A3257

Prohibits health insurance carriers from making certain changes to contract with network providers during term of contract.

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