Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
Summary
This bill amends the General Obligations Law to change the proof requirements in negligent supervision lawsuits involving alleged sexual offenses. Under the bill, when a plaintiff sues a corporate entity, or its officers, directors, members, or managers, for negligently supervising an employee or agent accused of committing a sexual offense, the plaintiff would no longer need to prove that the offense occurred on the entity’s premises or involved its property or chattels. The bill defines “corporate entity” broadly to include foreign and domestic corporations, LLCs, LLPs, and other business entities operating in New York.
The measure applies to civil actions tied to sexual offenses as defined in the Penal Law and would take effect immediately, including for pending cases. Its practical effect is to expand the circumstances under which victims may pursue negligent supervision claims against businesses and their leadership, by removing a location/property-based hurdle that currently limits such claims.
Impact
The bill would amend state civil liability rules by adding a new section to the General Obligations Law and altering the evidentiary burden in negligent supervision actions involving sexual offenses. It would potentially increase exposure for corporate entities and their officers, directors, members, and managers in lawsuits alleging failure to supervise employees or agents who commit sexual offenses, and it would apply retroactively to pending actions as well as new cases.
Sentiment
The available context shows the bill was introduced and referred to the Judiciary Committee, but there are no recorded committee transcripts or votes provided. Based on the bill’s purpose and sponsor list, the measure appears aimed at strengthening civil remedies for victims of sexual misconduct and removing procedural barriers to suit. Because no debate or vote history is available, there is no documented opposition or support to characterize beyond the bill’s stated intent.
Contention
The main point of contention is likely the shift in liability standards for businesses and their leaders: supporters would view the bill as closing a loophole that can block victims’ claims, while opponents may argue it broadens civil exposure and weakens the existing nexus requirement between the misconduct and the entity’s premises or property. The bill specifically targets the need to prove the offense happened on the defendant’s property, so disputes would center on fairness to plaintiffs versus increased litigation risk for corporate defendants.
Same As
Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
Same As
Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.
A bill for an act modifying the periods of time to bring certain civil actions by victims of sexual abuse and other sexual offenses that occurred when the victim was a minor, entitling certain cases to a preference in trial order, and including effective date provisions.
A bill for an act modifying the periods of time to bring certain civil actions by victims of sexual abuse and other sexual offenses that occurred when the victim was a minor, entitling certain cases to a preference in trial order, and including effective date provisions.
Provides that certain crimes of child abuse may be amended to give the plaintiff until they reach 55 years of age; provides that where acts or omissions giving rise to a claim and occurred in more than one jurisdiction, New York courts shall have jurisdiction where the plaintiff resided in this state for a substantial portion of childhood or received a substantial portion of the treatment or medical control in this state; voids any insurance policy which purports to exclude or limit coverage for certain claims where an action to recover damages for injury resulting from child abuse, including physical abuse, emotional abuse, medical neglect, or medical negligence committed against a person when such person was under eighteen years of age; makes related provisions.
Enacts "Penny's law" to create the offenses of negligent handling of a dog and reckless handling of a dog; codifies the requirement that dogs be restrained in New York city; requires signage in parks that all dogs must be restrained.
Enacts "Penny's law" to create the offenses of negligent handling of a dog and reckless handling of a dog; codifies the requirement that dogs be restrained in New York city; requires signage in parks that all dogs must be restrained.
Authorizes a plaintiff commencing an action alleging conduct constituting a sexual offense or a civil offense involving the transmission of the human immunodeficiency virus shall have the right to proceed anonymously.