NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1235 REVISED MEMO 03/21/2019
SPONSOR: Abinanti (MS) TITLE OF BILL: An act to amend the highway law, in relation to state
liability for defects in highways
PURPOSE OR GENERAL IDEA OF BILL:
This bill expands the state's liability for damages suffered by individ-
uals due to defects in state highways when the state has actual or
constructive notice of such defects.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 58 of the state highway law to
provide that the state shall be liable for damages suffered by any
person for defects in state highways maintained by the state under such
system as the commissioner of transportation may adopt pursuant to
section twelve to of this chapter, providing the state has received
actual or constructive notice of such defects.
Section 2 is the effective date.
JUSTIFICATION:
Under current law, Motorists who suffer damage due to defects on local
roads may pursue damages against the locality at any time during the
year so long as the municipality had advance notice of the defect. Under
current law, individuals who suffer damages due to defects in state
roads may pursue these damages against the state only if the incident
occurred between May 15 and November 15.
Statewide reports of the poor conditions of state roadways - some with
three-foot wide potholes and other seemingly ongoing defects - highlight
the need to modify this statute and permit motorists to seek damages all
year long.
This bill would allow motorist's to pursue damages from the state for
defects in state roads all year. This bill will continue to exempt the
state from liability where it does not have advance actual or construc-
tive notice. New York State motorists should not have to pay out-of-
pocket for damages caused by a defect in a state highway that should
have been repaired.
PRIOR LEGISLATIVE HISTORY:
2017/18: A910 referred to judiciary; same as S8422 (Boyle) referred to
transportation;
2015/16: A425 referred to judiciary;
2014: A9883-A referred to judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to any cause of
action that accrues on or after such effective date.
