§ 205-A — Additional right of action to certain injured or representatives of certain deceased firefighters

§ 205-a. Additional right of action to certain injured or\nrepresentatives of certain deceased firefighters. 1. In addition to any\nother right of action or recovery under any other provision of law, in\nthe event any accident, causing injury, death or a disease which results\nin death, occurs directly or indirectly as a result of any neglect,\nomission, willful or culpable negligence of any person or persons in\nfailing to comply with the requirements of any of the statutes,\nordinances, rules, orders and requirements of the federal, state,\ncounty, village, town or city governments or of any and all their\ndepartments, divisions and bureaus, the person or persons guilty of said\nneglect, omission, willful or culpable negligence at the time of such\ninjury or death shall be liable to pay any officer, member, agent or\nemployee of any fire department injured, or whose life may be lost while\nin the discharge or performance at any time or place of any duty imposed\nby the fire commissioner, fire chief or other superior officer of the\nfire department, or to pay to the wife and children, or to pay to the\nparents, or to pay to the brothers and sisters, being the surviving\nheirs-at-law of any deceased person thus having lost his life, a sum of\nmoney, in case of injury to person, not less than ten thousand dollars,\nand in case of death not less than forty thousand dollars, such\nliability to be determined and such sums recovered in an action to be\ninstituted by any person injured or the family or relatives of any\nperson killed as aforesaid.\n 2. Notwithstanding any other provision of law, including sections\nfifty-e and fifty-i of this chapter, section thirty-eight hundred\nthirteen of the education law, section ten of the court of claims act\nand the provisions of any general, special or local law or charter\nrequiring as a condition precedent to commencement of an action or\nspecial proceeding that a notice of claim be filed or present, every\ncause of action for the personal injury or wrongful death of a\nfirefighter which was pending on or after January first, nineteen\nhundred eighty-seven, or which was dismissed on or after January first,\nnineteen hundred eighty-seven, because this section was not yet\neffective, or which would have been actionable on or after January\nfirst, nineteen hundred eighty-seven had this section been effective is\nhereby revived and an action thereon may be commenced at any time\nprovided that such action is commenced on or before June thirtieth, two\nthousand.\n 3. This section shall be deemed to provide a right of action\nregardless of whether the injury or death is caused by the violation of\na provision which codifies a common-law duty and regardless of whether\nthe injury or death is caused by the violation of a provision\nprohibiting activities or conditions which increase the dangers already\ninherent in the work of any officer, member, agent or employee of any\nfire department.\n