New York Proposes Holding State Liable for Pothole Damage

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A Hudson Valley lawmaker is proposing new legislation that would make the state of New York liable for vehicle damage caused by potholes on state roads. Under current law, drivers are responsible for covering the cost of repairs during the winter months when potholes are most prevalent. The new bill would eliminate this seasonal exemption and require the state to pay for damages if it had prior knowledge of the defects and failed to make timely repairs.

Why it matters

Potholes are a major issue for drivers in New York, causing significant damage to tires, wheels, and suspensions. The current law places an unfair burden on residents who have to pay out-of-pocket for repairs, especially during the winter when roads are in the worst condition. This new legislation aims to hold the state accountable and provide relief to drivers impacted by the state's failure to maintain roads.

The details

Assemblyman Patrick Carroll, who represents Rockland County, is introducing a bill that would change New York's 'notice and negligence' standard for pothole liability. Under the current law, the state is not liable for any vehicle damage caused by potholes between November 16 and April 30, even if the state was aware of the defects. Carroll's proposal would eliminate this seasonal exemption, making the state responsible for repairs if it had prior knowledge of dangerous road conditions and failed to fix them in a timely manner.

• The current law exempting the state from pothole liability has been in place since November 16.
• Assemblyman Carroll is introducing the new legislation to change the law.

What they’re saying

What’s next

It is unclear at this time if Assemblyman Carroll's proposal has enough support to pass both the New York State Assembly and Senate. The bill would need to clear those legislative hurdles before being signed into law by the governor.