Imposes liability on the state for damages to persons caused by defects in state highways year round.
Summary
Bill A03313 seeks to amend the highway law in New York to impose liability on the state for damages caused by defects in state highways throughout the entire year, rather than only during the months of May to November as currently stipulated. This change aims to enhance accountability for the state in maintaining safe highways and ensuring that individuals who suffer damages due to highway defects can seek compensation year-round. The bill proposes that the state will be liable for damages only when such damages occur as a result of the defective condition of the highway, specifically for those highways maintained by the state under a system adopted by the commissioner of transportation.
Impact
If enacted, this bill would significantly alter the liability framework for the state concerning highway maintenance and safety. Currently, the state is not liable for damages from highway defects outside of a specified period; this bill would remove that limitation, potentially increasing the number of claims against the state. This change could lead to increased costs for the state in terms of liability insurance and legal settlements, as well as necessitate improved maintenance practices to mitigate risks.
Sentiment
The sentiment surrounding Bill A03313 appears to be mixed, as indicated by the voting results from the Assembly Transportation Committee, where 16 members voted in favor and 7 against. Supporters argue that the bill is a necessary step towards ensuring public safety and accountability, while opponents may express concerns about the financial implications and the potential for increased litigation against the state.
Contention
Notable points of contention include the financial burden that increased liability may place on the state and taxpayers, as well as concerns about the potential for frivolous lawsuits. Proponents of the bill, including some members of the Assembly, argue that public safety should take precedence and that the state should be held accountable for maintaining safe highways. Conversely, opponents worry that the bill could lead to excessive claims and strain state resources.
Imposes liability on the state for injuries or damage sustained by persons while traveling on state highways, if the same are caused by a defect or dangerous condition that the state had notice of, but did not repair.
Imposes liability on the state for injuries or damage sustained by persons while traveling on state highways, if the same are caused by a defect or dangerous condition that the state had notice of, but did not repair.
Relates to liability of the state for damages caused by reported defects and potholes if the report was made fourteen days or more before the damage occurred; establishes an interactive website for reporting defects and potholes on the state highway system and thruway.
Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.
Provides that an electronic marketplace provider shall be deemed to be a retailer for purposes of New York strict liability law and shall be strictly liable for all damages caused by defective products placed into the stream of commerce to the same extent that a retailer of that defective product would be liable.
Exempts recovery claims for damages due to a town's neglect in maintaining highways or bridges from the provisions of chapter 31 of title 9 on governmental tort liability.