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A01577 Summary:

BILL NOA01577
 
SAME ASNo Same As
 
SPONSORHawley (MS)
 
COSPNSRGiglio, Crouch, Finch, Palmesano, Montesano, DiPietro
 
MLTSPNSRBarclay, Kolb, Oaks
 
Amd §9-103, add Art 18-B §§18-301 - 18-305, Gen Ob L
 
Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".
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A01577 Actions:

BILL NOA01577
 
01/12/2017referred to judiciary
06/07/2017held for consideration in judiciary
01/03/2018referred to judiciary
05/31/2018held for consideration in judiciary
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A01577 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1577
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced by M. of A. HAWLEY, GIGLIO, CROUCH, FINCH, PALMESANO, MONTES-
          ANO  -- Multi-Sponsored by -- M. of A. BARCLAY, KOLB, McLAUGHLIN, OAKS
          -- read once and referred to the Committee on Judiciary
 
        AN ACT to amend the general obligations law, in relation to the duty  to
          keep  premises safe for certain uses and enacting the "equine activity
          safety code act"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 9-103 of the general obligations law, as amended by
     2  chapter  408  of the laws of 1979, paragraph a of subdivision 1 as sepa-
     3  rately amended by chapters 141 and 286 of the laws of 1984 and paragraph
     4  c of subdivision 1 as added by chapter 174  of  the  laws  of  1980,  is
     5  amended to read as follows:
     6    § 9-103. No  duty to keep premises safe for certain uses; responsibil-
     7  ity for acts of such users. 1.  The legislature reaffirms the purpose of
     8  this section which is to encourage property  owners  to  make  land  and
     9  water  areas  available  to  the public for recreational or conservation
    10  purposes by limiting their potential liability exposure  toward  persons
    11  entering  thereon  for such purposes. Its provisions should be construed
    12  to accomplish those objectives.
    13    1-a. Definitions. As used in this section:
    14    a. "Lands used in agricultural production" means land  as  defined  in
    15  subdivision  four  of  section  three hundred one of the agriculture and
    16  markets law, except that the parcel of land may be less than  ten  acres
    17  and still qualify.
    18    b.  "Owner,  lessee,  or  occupant"  means  any person entitled to the
    19  exclusive or non-exclusive use or possession of the premises,  including
    20  holders of conservation and trail easements.
    21    c.  "Undeveloped  premises"  means  property existing in its naturally
    22  occurring state, without structures,  improvements  or  manmade  objects
    23  constructed,  situated  or  placed on the property by the owner, lessee,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02283-01-7

        A. 1577                             2
 
     1  occupant or other persons. If property  contains  both  undeveloped  and
     2  developed  areas, the owner, lessee or occupant owes no duty to keep the
     3  undeveloped portion of the premises safe for entry or use by others  for
     4  recreational purposes, but nothing in this section affects or alters the
     5  liability of such owner, lessee or occupant to others who enter upon the
     6  developed  portion  of  the  premises.  Undeveloped  land  may include a
     7  cleared path if it is not paved and the  path  shall  not  cease  to  be
     8  "undeveloped"  because its creation or maintenance requires minor alter-
     9  ation of landscape. Land does not cease to be "undeveloped" if the  only
    10  manmade  alteration  is the planting and maintenance of flora, including
    11  trees, shrubs, flowers, or grass.
    12    2. Except as provided in subdivision [two] three of this section,
    13    a. an owner, lessee or occupant of undeveloped  premises  or  of  land
    14  used  in  agricultural  production, whether or not posted as provided in
    15  section 11-2111 of the environmental conservation law,  and  whether  or
    16  not  a  farm, owes no duty to keep the premises safe for entry or use by
    17  others for any recreational use, including but not limited  to  hunting,
    18  fishing,  organized  gleaning as defined in section seventy-one-y of the
    19  agriculture and markets law, canoeing, boating, trapping, hiking, cross-
    20  country skiing, tobogganing, sledding, speleological activities,  horse-
    21  back  riding,  bicycle riding, hang gliding, motorized vehicle operation
    22  for recreational purposes, snowmobile operation, cutting or gathering of
    23  wood for non-commercial purposes or training of dogs, or to give warning
    24  of any hazardous condition or use of or structure or  activity  on  such
    25  premises to persons entering for such purposes;
    26    b.  an  owner,  lessee or occupant of premises who gives permission to
    27  another to pursue any such activities upon such premises does not there-
    28  by (1) extend any assurance that the premises are safe for such purpose,
    29  or (2) constitute the person to whom permission is granted an invitee to
    30  whom a duty of care is owed, or (3) assume responsibility for  or  incur
    31  liability  for  any  injury  to  person or property caused by any act of
    32  persons to whom the permission is granted.
    33    c. an owner, lessee or occupant of a farm, as defined in  section  six
    34  hundred  seventy-one of the labor law, whether or not posted as provided
    35  in section 11-2111 of the environmental conservation law, owes  no  duty
    36  to  keep  such  farm  safe  for  entry  or use by a person who enters or
    37  remains in or upon such farm without consent or privilege,  or  to  give
    38  warning of any hazardous condition or use of or structure or activity on
    39  such  farm to persons so entering or remaining. This shall not be inter-
    40  preted, or construed, as a limit on liability for acts of  gross  negli-
    41  gence  in  addition to those other acts referred to in subdivision [two]
    42  three of this section.
    43    [2.] 3. This section does not limit the liability which  would  other-
    44  wise exist:
    45    a.  for  willful  or malicious failure to guard, or to warn against, a
    46  dangerous condition, use, structure or activity; or
    47    b. for injury suffered in any case where permission to pursue  any  of
    48  the  activities  enumerated  in this section was granted for a consider-
    49  ation other than the consideration, if any, paid to  said  landowner  by
    50  the state or federal government, or permission to train dogs was granted
    51  for  a  consideration other than that provided for in section 11-0925 of
    52  the environmental conservation law; or
    53    c. for injury caused, by acts of persons to whom permission to  pursue
    54  any  of  the activities enumerated in this section was granted, to other
    55  persons as to whom the person granting permission, or the owner,  lessee

        A. 1577                             3
 
     1  or occupant of the premises, owed a duty to keep the premises safe or to
     2  warn of danger.
     3    [3.]  4.  Nothing  in this section creates a duty of care or ground of
     4  liability for injury to person or property.
     5    5. No cause of action shall arise against the owner, tenant or  lessee
     6  of  land  or premises for injuries to any person, other than an employee
     7  or contractor of the owner, tenant or lessee, who  is  on  the  land  or
     8  premises  for the purpose of picking and purchasing agricultural or farm
     9  products at a farm or "u-pick" operation, unless the  person's  injuries
    10  were  caused  by a condition which involved an unreasonable risk of harm
    11  and all of the following apply:
    12    a. The owner, tenant or lessee knew, had reason to know of, or reason-
    13  ably should have known of the condition or risk.
    14    b. The owner, tenant or lessee failed to exercise reasonable  care  to
    15  make the condition safe, or to warn the person of the condition or risk.
    16    §  2.  The  general obligations law is amended by adding a new article
    17  18-B to read as follows:
    18                                ARTICLE 18-B
    19                         EQUINE ACTIVITY SAFETY CODE
    20  Section 18-301. Short title.
    21          18-302. Definitions.
    22          18-303. Liability of persons involved in equine activities.
    23          18-304. Limitation of liability.
    24          18-305. Posting and notification.
    25    §  18-301. Short title. This article shall be known and may  be  cited
    26  as the "equine activity safety code act".
    27    §    18-302.    Definitions.  For  the  purposes  of this article, the
    28  following words or phrases shall be defined as follows:
    29    1. "Engages  in an equine activity" means riding, training,  assisting
    30  in  veterinary  treatment of, driving,  or being  a  passenger  upon  an
    31  equine, whether  mounted or unmounted, visiting or touring or  utilizing
    32  an equine facility as part of an organized event  or  activity,  or  any
    33  person  assisting a participant or show management. The term "engages in
    34  an equine activity" does not include being  a  spectator  at  an  equine
    35  activity, except in cases where the spectator places himself in an unau-
    36  thorized area or in immediate proximity to the equine activity.
    37    2. "Equine" means a horse, pony, mule or donkey.
    38    3. "Equine activity" means:
    39    (a)  Equine  shows, fairs, competitions, performances or parades  that
    40  involve  any or all breeds of equines and any of the equine disciplines,
    41  including,  but  not limited to dressage, hunter and jumper horse shows,
    42  grand prix jumping, three-day events, combined training, rodeos, riding,
    43  driving, pulling, cutting, polo,  steeplechasing,  English  and  western
    44  performance riding, endurance trail riding, gymkhana games, and hunting.
    45    (b) Equine training or teaching activities or both.
    46    (c) The boarding of equines; including normal daily care thereof.
    47    (d)  Riding, inspecting or evaluating by a purchaser or  an  agent  an
    48  equine  belonging to another, whether or not the owner has received some
    49  monetary consideration or other thing of value for the use of the equine
    50  or is permitting a prospective purchaser of the equine to ride,  inspect
    51  or evaluate the equine.
    52    (e) Rides, trips, hunts or other equine activities of any type however
    53  informal or impromptu that are sponsored by an equine activity sponsor.
    54    (f) Placing or replacing horseshoes or hoof trimming on an equine.
    55    (g) Providing or assisting in veterinary treatment of an equine.

        A. 1577                             4
 
     1    4.  "Equine  activity sponsor" means an individual, group, club, part-
     2  nership, limited liability company or corporation, whether  or  not  the
     3  sponsor   is  operating for profit  or nonprofit, which sponsors, organ-
     4  izes or provides the facilities for, an equine activity,  including  but
     5  not  limited to: pony clubs, 4-H clubs, hunt clubs, riding clubs, school
     6  and college-sponsored classes, programs   and activities,    therapeutic
     7  riding  programs, stable and farm owners and operators, instructors, and
     8  promoters of equine   facilities, including but not  limited  to  farms,
     9  stables,  clubhouses,  pony ride strings, fairs, and arenas at which the
    10  activity is held.
    11    5. "Equine professional" means a person engaged for compensation:
    12    (a) In instructing a participant or renting to a participant an equine
    13  for the purpose of riding, driving or being a passenger upon the equine;
    14    (b) In renting equipment or tack to a participant;
    15    (c) To provide daily care of horses boarded at an equine facility; or
    16    (d) To train an equine.
    17    6. "Inherent risks of equine activities" means those dangers or condi-
    18  tions which are an integral part of equine activities, including but not
    19  limited to:
    20    (a)  The  propensity  of  equines to behave in ways that may result in
    21  injury, harm or death to persons on or around them;
    22    (b) The unpredictability of an equine's reaction to  such things    as
    23  sounds,   sudden   movement,  and  unfamiliar  objects, persons or other
    24  animals;
    25    (c) Certain hazards such as surface and subsurface conditions  includ-
    26  ing, but not limited to, rocks, forest growth, debris, branches,  trees,
    27  roots, stumps or other natural objects;
    28    (d) Collisions with other equines or objects; and
    29    (e)  The potential of a participant to act in a negligent manner  that
    30  may contribute  to injury to the participant or others, such as  failing
    31  to  maintain control over the animal or not  acting  within  his  or her
    32  ability.
    33    7. "Participant"  means  any person, whether amateur or  professional,
    34  who  engages in an equine activity, whether or  not  a  fee  is  paid to
    35  participate in the equine activity.
    36    § 18-303.  Liability  of  persons involved in  equine  activities.  1.
    37  Nothing  in  section 18-304 of this article shall  prevent  or limit the
    38  liability of an equine activity sponsor or an  equine  professional,  if
    39  the equine activity sponsor or equine professional:
    40    (a)  (1) Provided the equipment or tack, and knew or should have known
    41  that the  equipment  or tack was faulty, and such equipment or tack  was
    42  faulty to the extent that it did cause the injury; or
    43    (2)  Provided  the  equine  and  failed to make reasonable and prudent
    44  efforts  to determine the ability of the participant to engage safely in
    45  the equine activity, and determine the ability  of  the  participant  to
    46  safely manage the particular equine based on the participant's represen-
    47  tations of his ability;
    48    (b)  Owns,  leases,  rents,  has  authorized use of or is otherwise in
    49  lawful possession and control of the land, or facilities upon which  the
    50  participant   sustained injuries because of a dangerous latent condition
    51  which was known or should have been known to the equine activity sponsor
    52  or equine professional and for which warning signs, pursuant to  section
    53  18-305 of this article have not been conspicuously posted;
    54    (c)  Commits  an  act  or  omission that constitutes willful or wanton
    55  disregard for the safety of the participant, and that  act  or  omission
    56  caused the injury;

        A. 1577                             5
 
     1    (d) Intentionally injures the participant.
     2    2.  This section shall not apply to the horse racing activity  author-
     3  ized pursuant  to article two, three or four of the racing,  pari-mutuel
     4  wagering and breeding law.
     5    §   18-304. Limitation of liability.  1. Except as provided in  subdi-
     6  vision two of section 18-303 of this article, an equine  activity  spon-
     7  sor,  an  equine  professional  or any   other   person,   which   shall
     8  include a limited liability company, corporation  or partnership,  shall
     9  not  be  liable for an injury to or the death of a participant resulting
    10  from  the   inherent   risks   of   equine activities   and,  except  as
    11  provided  in  subdivision  two  of  section  18-303  of this article, no
    12  participant nor participant's   representative   shall make   any  claim
    13  against,  maintain  an action against or recover from an equine activity
    14  sponsor, an equine professional or any other person  for  injury,  loss,
    15  damage  or  death of the participant resulting from any  of the inherent
    16  risks of equine activities.
    17    2. Nothing in this  article  shall  limit  the  application    of  the
    18  provisions of section 9-103 of this chapter.
    19    §  18-305.  Posting  and  notification. 1.   Every equine professional
    20  shall post and maintain signs which contain the warning notice specified
    21  in subdivision two of this section. Such signs  shall  be  placed  in  a
    22  clearly  visible  location  in the proximity of the equine activity. The
    23  warning notice specified in subdivision two of this section shall appear
    24  on the sign in black letters, with each letter to be a  minimum  of  one
    25  inch in height. Every written contract entered into by an equine profes-
    26  sional  for  the providing of professional services, instruction, or the
    27  rental of equipment or tack or an equine to a  participant,  whether  or
    28  not  the contract involves equine activities on or off the  location  or
    29  site of the equine professional's business,  shall  contain  in  clearly
    30  readable  print  the warning notice specified in subdivision two of this
    31  section.
    32    2. The signs and  contracts  described  in subdivision one   of   this
    33  section shall contain the following warning notice:
    34                                   WARNING
    35    Under  New York Law, an equine professional or equine activity sponsor
    36  is not liable for an injury to, or the death of, a participant in equine
    37  activities  resulting from  the  inherent  risks  of  equine activities,
    38  pursuant to section 18-304 of the General Obligations Law.
    39    § 3. This act shall take effect immediately; provided,  however,  that
    40  the provisions of section two of this act shall take effect on the nine-
    41  tieth  day  after it shall have become a law; and provided further, that
    42  the provisions of  this  act  shall  apply  only  to  causes  of  action
    43  commenced on or after the effective date of each applicable section.
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