A 8056: Provides for liability of the state to any person who suffers damage as a result of a defect in a state highway.

  
  STATE OF NEW YORK ________________________________________________________________________ 8056 2025-2026 Regular Sessions  IN ASSEMBLY April 22, 2025 ___________ Introduced by M. of A. ROMERO -- read once and referred to the Committee on Transportation AN ACT to amend the highway law, in relation to state liability for defects in highways The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 58 of the highway law, as amended by chapter 1110 2 of the laws of 1971, is amended to read as follows: 3 § 58. Liability of state for damages. The state shall [not] be liable 4 for damages suffered by any person from defects in state highways[, 5 except between the first day of May and the fifteenth day of November on 6 such highways as are maintained by the state under such system as the 7 commissioner of transportation may adopt pursuant to section twelve, but 8 the liability for such damages shall otherwise remain as now provided by 9 law] maintained by the state under such system as the commissioner of 10 transportation may adopt pursuant to section twelve of this chapter, 11 provided the state has received actual or constructive notice of such 12 defects, notwithstanding the construction or improvement and maintenance 13 of such highways by the state under this chapter; but nothing herein 14 contained shall be construed to impose on the state any liability for 15 defects in bridges over which the state has no control. Within the 16 limits of incorporated villages the state shall maintain a width of 17 pavement equal to the width of pavement constructed or improved at the 18 expense of the state, if a state highway, the location of the state's 19 portion of such roadway within said incorporated limits to be determined 20 by the center line of the roadway as shown on the plans on file with the 21 department of transportation and the state shall be liable for damages 22 to persons or property only when such damage shall occur as a result of 23 the defective condition of the portion of improved highway as above 24 described. 25 § 2. This act shall take effect immediately and shall apply to any 26 cause of action that accrues on or after such effective date. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03523-01-5