§ 53. Liability of county for torts.

154 words·~1 min read·/ny/county/general-provisions/53

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 53. Liability of county for torts. 1. Upon compliance with section

fifty-two each county shall be liable under the same rules of law

applicable to the state, for damage or injury, or death, to person or

property sustained by reason of the torts of its officers, agents,

servants and employees.

2. Notwithstanding the provisions of any law defining real property

owned by tax title or owned for purposes of reimbursement of assistance

granted, as held and used for a public purpose, no county shall be

liable by reason of such property being defective, out of repair, unsafe

or dangerous, unless the county is in the actual physical possession,

control and operation thereof as owner, or deriving a direct income

therefrom; and with no greater liability than that imposed upon the

individual owner of property.

3. Nothing herein shall repeal or modify the exclusive liability as

imposed and provided in the workmen's compensation law.