When damage is caused to a highway by a private contractor due to their equipment not utilizing proper pavement protections, who is liable and responsible for damages?

 

 

 

 

 

 

 

In New York State, any party who causes injury (damage) to a public highway or bridge by moving or operating equipment that, through its weight, damages the structure or surface of the road liable. Furthermore, the party at fault is potentially liable for triple the amount of the actual damage caused.

§  320.  Injuries  to  highways.  Whoever  shall injure any highway or bridge maintained at the public expense, by obstructing or diverting any creek, water-course or sluice, or by dragging  logs  or  timber  on  its surface  or by drawing or propelling over the same a load of such weight as to injure or destroy the culverts or bridges along the  same,  or  of such  weight  that  will  destroy,  break  or  injure the surface of any
improved state highway, county road or town highway,  or  by  any  other act,  or  shall  injure,  deface or destroy any mile-stone or guide-post erected on any highway, shall for  every  such  offense  forfeit  treble damages.

 

References

New York Consolidated Laws, Highway Law - HAY § 320. Injuries to highways

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