N.Y. Navigation Law § 178-a: Responder immunity

§ 178-a. Responder immunity. 1. Definitions. For the purposes of this

section only, the following terms shall have the following meanings:

(a) "response efforts" means rendering care, assistance, or advice in

accordance with the national contingency plan, the state oil spill

contingency plan, or at the direction of the federal on-scene

coordinator or the commissioner or his designee, in response to a

discharge or threatened discharge of petroleum into or upon the

navigable waters.

(b) "responsible party" and "navigable waters" shall have the meanings

set forth in section 1001 of the Federal Oil Pollution Act of 1990 (33

U.S.C. 2701 et seq.).

2. Notwithstanding any other provision of law, (a) a person is not

liable for cleanup and removal costs or damages which result from

actions taken or omitted to be taken in good faith in the course of

rendering care, assistance or advice consistent with the national

contingency plan or as otherwise directed by the federal on-scene

coordinator or by the commissioner or his designee, in response to a

discharge or threatened discharge of petroleum into or upon the

navigable waters.

(b) A person holding a master's or a towing vessel operator's license,

the owner, and operator of a vessel operated by such person are not

liable for cleanup and removal costs or damages which result from

actions taken in good faith in the course of rendering assistance, in an

emergency situation, at the request of the owner or operator of a vessel

attempting to prevent the substantial threat of a discharge of petroleum

into or upon the navigable waters; provided, however, that reasonable

efforts are made to notify the federal on-scene coordinator or the

commissioner or his designee prior to such assistance being rendered or,

if that is not practicable, as soon as possible thereafter.

3. However, the provisions of subdivision two of this section shall

not apply to: (i) a responsible party, (ii) liability for personal

injury or wrongful death, (iii) cleanup and removal costs and damages

resulting from such person's gross negligence or willful misconduct,

(iv) negligence in the operation of a motor vehicle as defined in

section one hundred twenty-five of the vehicle and traffic law, and (v)

any physical actions taken that are not in or near the area of cleanup

and removal of a discharge or threatened discharge.

4. The provisions of subdivision two of this section shall not apply

to any response efforts undertaken by a person later than one hundred

twenty days after a discharge has been stopped. Thereafter, such person

shall not be strictly liable without regard to fault, but the liability

of such person for personal injury or property damage shall be limited

to acts or omissions of the person during the course of such response

efforts which are shown to be the result of negligence, gross

negligence, or reckless, wanton or intentional misconduct.

Notwithstanding any other provision of law, when (i) a verdict or

decision on a claim for injury to persons or property caused by response

efforts, occurring after such one hundred twenty day period has ended,

is determined in favor of the claimant in an action involving such

person's response efforts and any other person or persons jointly

liable, and (ii) the liability of the person related to such response

efforts is found to be fifty percent or less of the total liability

assigned to all persons liable, and (iii) the liability of the person

related to such response efforts is not based on a finding of reckless

disregard for the safety of others or of intentional misconduct, then

the liability of such person to the claimant for injury to property and

for non-economic loss relating to injury to a person shall not exceed

the equitable share of such person as determined in accordance with the

relative culpability of each person causing or contributing to the total

liability. Provided, however, the culpable conduct of any person not a

party to such action shall not be considered in determining any

equitable share if the claimant was unable, with due diligence, to

obtain jurisdiction over such person in said action. As used in this

section, "non-economic loss" includes but is not limited to pain and

suffering, mental anguish, loss of consortium or other damages for

non-economic loss. However, nothing herein shall alter, modify, or

abrogate the liability of any person for breach of warranty or to an

employee of such person pursuant to the workers' compensation law, or to

relieve from liability any person who is responsible for a discharge in

violation of section one hundred seventy-four of this article.

5. In addition to any other liability, a responsible party shall be

liable for any cleanup and removal costs and damages that another person

is relieved of under subdivision two or four or both of this section.

6. Nothing in this section affects (i) the obligation of a discharger

to respond immediately and to cleanup and remove a discharge; or (ii)

the liability of a discharger under other provisions of this article or

the environmental conservation law.