Enacts the "Steven Kovacs Law" to impose an affirmative duty upon a social host to render assistance to a guest on private premises in the event of a medical emergency.

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S1178-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1178-2013 Memo

BILL NUMBER:S1178

TITLE OF BILL:
An act
to amend the general obligations law, in relation to enacting the
"Steven
Kovacs Law" to impose an affirmative duty upon a residential
host to render
assistance to a guest on private premises in the event of a medical
emergency

PURPOSE:
This legislation will make a social host liable for failing to notify
emergency responders when a guest becomes incapacitated on the host's
private premises.

SUMMARY OF PROVISIONS:
Section one cites the title of the bill as the "Steven Kovacs Law."

Section two defines a host as a person having control over a private
premises, and sets forth other relevant definitions of guest and
private premises. Furthermore the bill imposes liability over a host,
who is present and has actual knowledge that a guest on their private
premises is suffering or has suffered a medical emergency, for
failing to give reasonable assistance, including notifying an
emergency responder.

Section three sets the effective date on the sixtieth day after it
shall have become a law.

JUSTIFICATION:
Every year New York residents are injured and many die as the result
of medical emergencies that go unreported to emergency responders who
can render first-aid to those in need of such assistance. One of the
numerous cases that led to the need for this legislation is the
incident involving Steven Kovacs, a young man who was left to die in
a private residence following a social gathering. Mr. Kovacs illness
was known to the social host in charge of the premises and yet no
emergency notification was made to provide Mr.
Kovacs with basic medical aid that may have saved his life. Most
often, people fall victim to overindulgence of alcohol and narcotics
during social events at private premises as well as commercial
establishments such as bars, clubs and concerts.

Unfortunately, the lack of a legal obligation-of the social host in
charge of the premises to notify emergency responders of a medical
emergency once they become aware of such an emergency results in
countless deaths and serious injuries which may be prevented by
obligating the social host to make such a notification. This act
shall affirm as a matter of public policy, the obligations of the
social host to notify medical responders to a scene in order to
provide the victim of such an emergency the best possible chance of
surviving.

PRIOR LEGISLATIVE HISTORY: S.7650-A (2012)


FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
becoming law.

S1178-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1178

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

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

  AN ACT to amend the general obligations law, in relation to enacting the
    "Steven Kovacs Law" to impose an affirmative duty upon  a  residential
    host  to render assistance to a guest on private premises in the event
    of a medical emergency

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  This  act  shall be known and may be cited as the "Steven
  Kovacs Law".
    S 2. Article 9 of the general obligations law is amended by  adding  a
  new title 2 to read as follows:

                                    TITLE 2
                         SOCIAL HOST RESPONSIBILITY
  SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
    S  9-201.  SOCIAL  HOST  RESPONSIBILITY.  1.  FOR THE PURPOSES OF THIS
  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:

    (A) "HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREMISES.
    (B) "CONTROL" MEANS THE ACTUAL  AUTHORITY  AND  ABILITY  TO  REGULATE,
  DIRECT OR DOMINATE THE PRIVATE PREMISES.
    (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
  ATIVE  UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND OPEN
  AREAS OVER WHICH THE HOST HAS CONTROL.
    (D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT  ON  THE  PRIVATE
  PREMISES  OF  A HOST, WHICH SHALL NOT BE DEEMED TO INCLUDE PERSONS TRES-
  PASSING UPON THE PRIVATE PREMISES.
    2. A HOST WHO IS PRESENT AND HAS ACTUAL KNOWLEDGE THAT A GUEST ON  THE
  PRIVATE  PREMISES  OVER WHICH THE HOST EXERCISES CONTROL IS SUFFERING OR
  HAS SUFFERED A MEDICAL  EMERGENCY  AND  WHO  FAILS  TO  GIVE  REASONABLE
  ASSISTANCE  TO  SUCH  GUEST  SHALL  BE  LIABLE  FOR DAMAGES FOR INJURIES

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05048-01-3

 S. 1178                             2

  SUSTAINED BY SUCH GUEST OR FOR DAMAGES FOR THE DEATH OF SUCH GUEST WHICH
  OCCURRED BY REASON OF SUCH FAILURE. REASONABLE  ASSISTANCE  MAY  INCLUDE
  OBTAINING  OR  ATTEMPTING  TO OBTAIN AID FROM LAW ENFORCEMENT OR MEDICAL
  PERSONNEL.
    3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF THIS SECTION, ONCE A HOST OR
  OTHER PERSON AT THE PRIVATE PREMISES HAS UNDERTAKEN TO RENDER REASONABLE
  ASSISTANCE TO A GUEST, IT SHALL BE A COMPLETE DEFENSE AGAINST ANY  CLAIM
  FOR  CIVIL  DAMAGES ALLEGEDLY CAUSED BY ACTS OR OMISSIONS OF SUCH PERSON
  IN RENDERING SUCH ASSISTANCE, UNLESS IT IS ESTABLISHED THAT  SUCH  INJU-
  RIES  OR  DEATH  WERE  CAUSED  BY  GROSS  NEGLIGENCE ON THE PART OF SUCH
  PERSON.
    S 3. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.