Extends the time when the state is liable for damages suffered by any person from defects in state highways to between April 1 and December 1.
Summary
Bill A04190 seeks to amend the highway law in New York by extending the period during which the state is liable for damages resulting from defects in state highways. Currently, the state is liable for such damages from May 1 to November 15. This bill proposes to change the liability period to April 1 through December 1, effectively starting the liability one month earlier and extending it by two weeks into December. The intent behind this amendment is to provide greater protection for individuals who may suffer damages due to highway defects during the early spring and late fall months.
Impact
If enacted, this bill would modify the existing liability framework for the state regarding highway maintenance. It would increase the duration of time the state can be held accountable for damages caused by highway defects, thereby potentially increasing the number of claims filed against the state during the newly established liability period. This change could lead to an increase in state expenditures related to highway maintenance and liability claims, impacting the state budget and possibly necessitating adjustments in the Department of Transportation's operations.
Sentiment
The sentiment surrounding Bill A04190 appears to be generally supportive among proponents who argue that extending the liability period is a necessary step to ensure public safety and accountability for highway conditions. However, there may be concerns from fiscal conservatives regarding the potential increase in state liability and associated costs. As there have been no recorded votes or extensive committee discussions available, the overall sentiment remains somewhat unclear but leans towards a positive reception for the proposed changes.
Contention
Notable points of contention may arise from concerns about the financial implications of extending the state's liability period. Opponents may argue that this could lead to an increase in frivolous claims or strain the state's budget, while supporters may emphasize the importance of public safety and the need for the state to be accountable for highway conditions. Without detailed committee discussions or voting history, specific opposing viewpoints remain speculative.
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.
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.
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.