Section 205-A. Additional right of action to certain injured or representatives of certain deceased firefighters  


Latest version.
  • 1. In addition to  any  other  right  of action or recovery under any other provision of law, in
      the event any accident, causing injury, death or a disease which results
      in death, occurs directly or indirectly as  a  result  of  any  neglect,
      omission,  willful  or  culpable  negligence of any person or persons in
      failing to  comply  with  the  requirements  of  any  of  the  statutes,
      ordinances,  rules,  orders  and  requirements  of  the  federal, state,
      county, village, town or city  governments  or  of  any  and  all  their
      departments, divisions and bureaus, the person or persons guilty of said
      neglect,  omission,  willful  or culpable negligence at the time of such
      injury or death shall be liable to pay any  officer,  member,  agent  or
      employee of any fire department injured, or whose life may be lost while
      in the discharge or performance at any time or place of any duty imposed
      by  the  fire  commissioner, fire chief or other superior officer of the
      fire department, or to pay to the wife and children, or to  pay  to  the
      parents,  or  to  pay  to  the brothers and sisters, being the surviving
      heirs-at-law of any deceased person thus having lost his life, a sum  of
      money,  in case of injury to person, not less than ten thousand dollars,
      and in case  of  death  not  less  than  forty  thousand  dollars,  such
      liability  to  be  determined and such sums recovered in an action to be
      instituted by any person injured or  the  family  or  relatives  of  any
      person killed as aforesaid.
        2.  Notwithstanding  any  other  provision  of law, including sections
      fifty-e and  fifty-i  of  this  chapter,  section  thirty-eight  hundred
      thirteen  of  the  education law, section ten of the court of claims act
      and the provisions of any general,  special  or  local  law  or  charter
      requiring  as  a  condition  precedent  to  commencement of an action or
      special proceeding that a notice of claim be  filed  or  present,  every
      cause  of  action  for  the  personal  injury  or  wrongful  death  of a
      firefighter which was  pending  on  or  after  January  first,  nineteen
      hundred  eighty-seven, or which was dismissed on or after January first,
      nineteen  hundred  eighty-seven,  because  this  section  was  not   yet
      effective,  or  which  would  have  been  actionable on or after January
      first, nineteen hundred eighty-seven had this section been effective  is
      hereby  revived  and  an  action  thereon  may  be commenced at any time
      provided that such action is commenced on or before June thirtieth,  two
      thousand.
        3.  This  section  shall  be  deemed  to  provide  a  right  of action
      regardless of whether the injury or death is caused by the violation  of
      a  provision  which codifies a common-law duty and regardless of whether
      the  injury  or  death  is  caused  by  the  violation  of  a  provision
      prohibiting  activities or conditions which increase the dangers already
      inherent in the work of any officer, member, agent or  employee  of  any
      fire department.