§ 205-E — Right of action to certain injured or representatives of certain deceased police officers

§ 205-e. Right of action to certain injured or representatives of\ncertain deceased police officers. 1. In addition to any other right of\naction or recovery under any other provision of law, in the event any\naccident, causing injury, death or a disease which results in death,\noccurs directly or indirectly as a result of any neglect, omission,\nwillful or culpable negligence of any person or persons in failing to\ncomply with the requirements of any of the statutes, ordinances, rules,\norders and requirements of the federal, state, county, village, town or\ncity governments or of any and all their departments, divisions and\nbureaus, the person or persons guilty of said neglect, omission, willful\nor culpable negligence at the time of such injury or death shall be\nliable to pay any officer, member, agent or employee of any police\ndepartment injured, or whose life may be lost while in the discharge or\nperformance at any time or place of any duty imposed by the police\ncommissioner, police chief or other superior officer of the police\ndepartment, or to pay to the spouse and children, or to pay the parents,\nor to pay the brothers and sisters, being the surviving heirs-at-law of\nany deceased person thus having lost his life, a sum of money, in case\nof injury to person, not less than one thousand dollars, and in the case\nof death not less than five thousand dollars, such liability to be\ndetermined and such sums recovered in an action to be instituted by any\nperson injured or the family or relatives of any person killed as\naforesaid, provided, however, that nothing in this section shall be\ndeemed to expand or restrict any right afforded to or limitation imposed\nupon an employer, an employee or his or her representative by virtue of\nany provisions of the workers' compensation law.\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 presented, every\ncause of action or special proceeding that a notice of claim be filed or\npresented, every cause of action for the personal injury or wrongful\ndeath of a police officer which was pending on or after January first,\nnineteen hundred eighty-seven, or which was dismissed on or after\nJanuary first, nineteen hundred eighty-seven because this section was\nnot yet effective, or which would have been actionable on or after\nJanuary first, nineteen hundred eighty-seven had this section been\neffective is hereby revived and an action thereon may be commenced at\nany time provided that such action is commenced on or before June\nthirtieth, two thousand.\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 inherent\nin the work of any officer, member, agent or employee of any police\ndepartment.\n