NY State Senate Bill 2025-S9547<\/a><\/p>\nUnder current law, the state is only liable for road defect damages between May 1 and Nov. 15. The proposed legislation would expand the state\u2019s liability to cover injuries or damage caused by defects within the constructed traveled roadway at any time of year. <\/p>\n
However, the bill includes several exceptions where the state would not be held liable. The state would not be responsible for damages caused by missing railings, defects on sidewalks, issues during construction or repair work, or snow and ice on roads that are otherwise reasonably safe. <\/p>\n
The state also would not be liable for bridge damage caused by vehicles exceeding 4,500 pounds in weight, excluding the vehicle itself. <\/p>\n
Under the bill, people seeking damages would need to prove the road was in a dangerous condition that caused their injury. They would also need to show either that a state employee\u2019s negligence created the dangerous condition or that the state had notice of the problem for at least 15 days before the incident. <\/p>\n
The legislation defines actual notice as the state having knowledge of a condition and knowing or should have known of its dangerous nature. Constructive notice would require proving the condition existed long enough and was obvious enough that the state should have discovered it through proper inspection. The bill was read twice and sent to the Committee on Transportation. <\/p>\n
If passed, the SAFE ROADS Act would take effect on the first of April following its enactment. The bill\u2019s current status is in Senate Committee Transportation Committee. <\/p>\n
\t\t\t\t\t\t\t\tFor Related Stories:\u00a0potholes<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"ALBANY, N.Y. \u2014 New York state lawmakers are considering legislation that would make the state liable for damages…\n","protected":false},"author":2,"featured_media":187627,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[9,11,10,49,51,50,67322],"class_list":["post-187626","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-york","tag-new-york","tag-new-york-headlines","tag-new-york-news","tag-new-york-state","tag-new-york-state-headlines","tag-new-york-state-news","tag-potholes"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/187626","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/comments?post=187626"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/posts\/187626\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media\/187627"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/media?parent=187626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/categories?post=187626"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-ny\/wp-json\/wp\/v2\/tags?post=187626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}