Section 205-E. Right of action to certain injured or representatives of certain deceased police officers  


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 police
      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 police
      commissioner, police chief or  other  superior  officer  of  the  police
      department, or to pay to the spouse and children, or to pay the parents,
      or  to pay 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 one thousand dollars, and in the case
      of  death  not  less  than  five  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, provided, however, that nothing  in  this  section  shall  be
      deemed to expand or restrict any right afforded to or limitation imposed
      upon  an employer, an employee or his or her representative by virtue of
      any provisions of the workers' compensation law.
        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 presented, every
      cause of action or special proceeding that a notice of claim be filed or
      presented, every cause of action for the  personal  injury  or  wrongful
      death  of  a police officer 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 inherent
      in the work of any officer, member, agent  or  employee  of  any  police
      department.