§ 388 — Negligence in use or operation of vehicle attributable to owner

New York § 388

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 3: Safety Responsibility; Financial Security; Equipment; Inspection; Size and Weight; and Other Provisions
• Art. 11: Civil Liability

Text

§ 388. Negligence in use or operation of vehicle attributable to\nowner.\n 1. Every owner of a vehicle used or operated in this state shall be\nliable and responsible for death or injuries to person or property\nresulting from negligence in the use or operation of such vehicle, in\nthe business of such owner or otherwise, by any person using or\noperating the same with the permission, express or implied, of such\nowner. Whenever any vehicles as hereinafter defined shall be used in\ncombination with one another, by attachment or tow, the person using or\noperating any one vehicle shall, for the purposes of this section, be\ndeemed to be using or operating each vehicle in the combination, and the\nowners thereof shall be jointly and severally liable hereunder.\n 2. As used in this section, "vehicle" means a "motor vehicle", as\ndefined in section one hundred twenty-five of this chapter, except fire\nand police vehicles, self-propelled combines, self-propelled corn and\nhay harvesting machines and tractors used exclusively for agricultural\npurposes, and shall also include "semitrailer" and "trailer" as defined\nin article one of this chapter, whether or not such vehicles are used or\noperated upon a public highway; provided, however, that for purposes of\nparagraph two of subdivision (f) of section three thousand four hundred\ntwenty of the insurance law, the term "motor vehicle" shall include fire\nvehicles, as defined in section one hundred fifteen-a of this chapter,\nand police vehicles, as defined in section one hundred thirty-two-a of\nthis chapter. For the purpose of this section, self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, shall not be defined as motor vehicles.\n 3. As used in this section, "owner" shall be as defined in section one\nhundred twenty-eight of this chapter and their liability under this\nsection shall be joint and several. If a vehicle be sold under a\ncontract of sale which reserves a security interest in the vehicle in\nfavor of the vendor, such vendor or his assignee shall not, after\ndelivery of such vehicle, be deemed an owner within the provisions of\nthis section, but the vendee, or his assignee, receiving possession\nthereof, shall be deemed such owner notwithstanding the terms of such\ncontract, until the vendor or his assignee shall retake possession of\nsuch vehicle. A secured party in whose favor there is a security\ninterest in any vehicle out of his possession, shall not be deemed an\nowner within the provisions of this section.\n 4. All bonds executed by or policies of insurance issued to the owner\nof any vehicle subject to the provisions of this section shall contain a\nprovision for indemnity or security against the liability and\nresponsibility provided in this section; but, except as provided in\nparagraphs one and two of subsection (g) of section three thousand four\nhundred twenty of the insurance law, this provision shall not be\nconstrued as requiring that such a policy include insurance against any\nliability of the insured, being an individual, for death of or injuries\nto his or her spouse or for injury to property of his or her spouse,\nwhere the injured spouse, to be entitled to recover, must prove the\nculpable conduct of the insured spouse.\n