New York S 9547: Relation to the state's liability for damages caused by defects on state roads

Bill Text

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S09547 Summary:

BILL NOS09547 

&nbsp

SAME ASSAME AS A10639

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §58, Hway L

&nbsp

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.

Go to top S09547 Actions:

BILL NOS09547 

&nbsp

03/24/2026REFERRED TO TRANSPORTATION

Go to topS09547 Committee&nbspVotes:

Go to topS09547 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09547 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9547

 IN SENATE

 March 24, 2026
 ___________

 Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation

 AN ACT to amend the highway law, in relation to the state's liability
 for damages caused by defects on state roads

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "State
 2 Accountability For Equitable Road Oversight And Defect Solutions Act" or
 3 the "SAFE ROADS Act".
 4 § 2. Section 58 of the highway law, as amended by chapter 1110 of the
 5 laws of 1971, is amended to read as follows:
 6 § 58. Liability of the state for damages. [The state shall not be
 7 liable for damages suffered by any person from defects in state high-
 8 ways, except between the first day of May and the fifteenth day of
 9 November on such highways as are maintained by the state under such
 10 system as the commissioner of transportation may adopt pursuant to
 11 section twelve, but the liability for such damages shall otherwise
 12 remain as now provided by law, notwithstanding the construction or
 13 improvement and maintenance of such highways by the state under this
 14 chapter; but nothing herein contained] Subject to the provisions of
 15 subdivision two of this section, the state shall be liable for injuries
 16 or damage sustained by persons while traveling on state highways, if the
 17 same are caused by defects within the limits of the constructed traveled
 18 roadway; provided, however, that the state shall not be liable for inju-
 19 ry or damage sustained:
 20 (a) because of the want of a railing in or upon any state highway;
 21 (b) upon the sidewalk of any state highway;
 22 (c) during the construction, reconstruction or repair of any state
 23 highway;
 24 (d) by reason of snow or ice on any state highway, if the place at
 25 which the injury or damage was sustained was at the time of the accident
 26 otherwise reasonably safe and convenient for travelers; or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15223-02-6

 S. 9547 2

 1 (e) as a result of damage to a bridge on a state highway caused by a
 2 vehicle with a load exceeding forty-five hundred pounds in weight exclu-
 3 sive of the team and vehicle.
 4 2. The state shall have no liability under this section unless the
 5 plaintiff establishes that:
 6 (a) the property was in a dangerous condition at the time of the inju-
 7 ry or damage, that the injury or damage was proximately caused by the
 8 dangerous condition, that the dangerous condition created a reasonably
 9 foreseeable risk of the kind of injury or damage which was incurred; and
 10 (b) that either:
 11 (i) a negligent or wrongful act or omission of an employee of the
 12 state within the scope of such employee's employment created the danger-
 13 ous condition; or
 14 (ii) the state had actual or constructive notice of the dangerous
 15 condition for at least fifteen days prior to the injury or damage to
 16 have taken measures to protect against the dangerous condition.
 17 3. For the purposes of paragraph (b) of subdivision two of this
 18 section:
 19 (a) the state has actual notice of a dangerous condition if it had
 20 actual knowledge of the existence of the condition and knew or should
 21 have known of its dangerous character; and
 22 (b) the state has constructive notice of a dangerous condition only if
 23 the plaintiff establishes that the condition had existed for such a
 24 period of