N.Y. Vehicle & Traffic Law § 388: Negligence in use or operation of vehicle attributable to owner

§ 388. Negligence in use or operation of vehicle attributable to

owner.

1. Every owner of a vehicle used or operated in this state shall be

liable and responsible for death or injuries to person or property

resulting from negligence in the use or operation of such vehicle, in

the business of such owner or otherwise, by any person using or

operating the same with the permission, express or implied, of such

owner. Whenever any vehicles as hereinafter defined shall be used in

combination with one another, by attachment or tow, the person using or

operating any one vehicle shall, for the purposes of this section, be

deemed to be using or operating each vehicle in the combination, and the

owners thereof shall be jointly and severally liable hereunder.

2. As used in this section, "vehicle" means a "motor vehicle", as

defined in section one hundred twenty-five of this chapter, except fire

and police vehicles, self-propelled combines, self-propelled corn and

hay harvesting machines and tractors used exclusively for agricultural

purposes, and shall also include "semitrailer" and "trailer" as defined

in article one of this chapter, whether or not such vehicles are used or

operated upon a public highway; provided, however, that for purposes of

paragraph two of subdivision (f) of section three thousand four hundred

twenty of the insurance law, the term "motor vehicle" shall include fire

vehicles, as defined in section one hundred fifteen-a of this chapter,

and police vehicles, as defined in section one hundred thirty-two-a of

this chapter. For the purpose of this section, self-propelled

caterpillar or crawler-type equipment while being operated on the

contract site, shall not be defined as motor vehicles.

3. As used in this section, "owner" shall be as defined in section one

hundred twenty-eight of this chapter and their liability under this

section shall be joint and several. If a vehicle be sold under a

contract of sale which reserves a security interest in the vehicle in

favor of the vendor, such vendor or his assignee shall not, after

delivery of such vehicle, be deemed an owner within the provisions of

this section, but the vendee, or his assignee, receiving possession

thereof, shall be deemed such owner notwithstanding the terms of such

contract, until the vendor or his assignee shall retake possession of

such vehicle. A secured party in whose favor there is a security

interest in any vehicle out of his possession, shall not be deemed an

owner within the provisions of this section.

4. All bonds executed by or policies of insurance issued to the owner

of any vehicle subject to the provisions of this section shall contain a

provision for indemnity or security against the liability and

responsibility provided in this section; but, except as provided in

paragraphs one and two of subsection (g) of section three thousand four

hundred twenty of the insurance law, this provision shall not be

construed as requiring that such a policy include insurance against any

liability of the insured, being an individual, for death of or injuries

to his or her spouse or for injury to property of his or her spouse,

where the injured spouse, to be entitled to recover, must prove the

culpable conduct of the insured spouse.