BILL NUMBER: S3807
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the general obligations law, in relation to changing
what needs to be proven in an action for negligent supervision
 
PURPOSE:
Requires that plaintiffs no longer have to prove that a sexual offense
occurred on the premises of, chattels or property belonging to a corpo-
rate entity in a civil suit over negligent supervision
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 18-202 of the general obligations law.
Subdivision one defines "corporate entity" for the purpose of the
section.
Subdivision two clarifies that in civil actions against corporate enti-
ties and their employees over negligent supervision of an employee
alleged to have committed a sexual offense, plaintiffs do not have to
prove that said offense occurred on property or chattel belonging to the
corporate entity.
Section two is the effective date.
 
JUSTIFICATION:
Survivors of sexual assault can file suit against corporations for their
negligent supervision of an employee that committed a sex crime under
New York law. These suits should not have to prove that such sexual
assault occurred on the premises or property of the allegedly negligent
employer. Such an evidentiary standard sets onerous requirements on
survivor plaintiffs and is unnecessary for the adjudication of a claim.
This bill would clarify that under New York law plaintiffs in civil
suits alleging negligent supervision over an employee accused of sex
offenses do not have to prove that such assault occurred on the premises
or property of the employer.
 
LEGISLATIVE HISTORY:
2023-2024: S7926 (Hoylman-Sigal), Passed Senate
 
EFFECTIVE DATE:
This act shall take effect immediately.