A state lawmaker who blew two tires on state road potholes this winter is looking to reverse an old New York law that offers the state immunity in such cases.
A law dating to at least the 1930s exempts New York from liability for damages caused on state roadways during the region”™s coldest months, according to The New York Times. Motorists can file a claim for damages May 1 through Nov. 15, but cannot in what many refer to as “pothole season.”
State Assemblyman Tom Abinanti told the Times that potholes on the Taconic State Parkway and Interstate 95 caused damage to two tires and dented his cars”™ rims during the brutal weather this past winter. He said as a legislator he wouldn”™t have filed a claim against the state for fear of bad publicity, but that legally he couldn”™t have even if he wanted to.
The Times said the current law originated in 1935 but could have roots back to the early 20th century when asphalt companies closed for the winter. Removing the immunity clause from the state”™s books would not mean that New York couldn”™t limit its liabilities.
Municipalities, including New York City, observe laws that allow for a claim to be filed if the municipality was informed of a pothole or damaged roadway but did not fix it or cover the hole within a certain amount of hours from the notice.