Provides that the owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others engaged generally in recreational activities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5641
SPONSOR: Friend (MS) TITLE OF BILL:
An act to amend the general obligations law, in relation to the duty to
keep premises safe for certain uses
PURPOSE:
To ensure that the law applies in the case of newly developed uses and
uses not listed in the original act.
SUMMARY OF SPECIFIC PROVISIONS:
This bill adds to the list of specific activities enumerated in GOL
section 9-103 1.a, a generic description of these activities to encom-
pass similar activities which have been developed, and new activities of
a similar nature which continue to be developed periodically.
In subdivision 2, paragraphs b and c contain references to the above
list of activities. This bill makes technical changes in these refer-
ences to conform with the changes in subsection 1, noted above, by
changing the term "activities enumerated" to "activities described."
JUSTIFICATION:
The list of activities which appear in this recreational use statute is
incomplete. Because of this, the law has failed to exempt landowners
from liability for the actions of those engaged in activities like those
listed, but not included in the activities enumerated. Further, since
new activities periodically are developed, the law would continually be
inadequate if specific activities are periodically added to the list.
Some examples of activities which the law fails to address are ice boat-
ing, snowboarding, sail boarding, ballooning, training birds for falcon-
ry, rock climbing, running, rock collecting, bottle collecting, nature
study, bird watching, photography, and drawing or painting, as well as a
host of aquatic activities.
The present law has been judged not to encompass ice sailboat racing
while it does cover liability for sledding and boating. Similarly, a
landowner would presumably be protected against liability for use by
hunters but not birdwatchers; subterranean rock climbers ("speleological
activities") but not above-ground rock climbers; hang gliders but not
balloonists; dirt bikers but not runners; etc. The addition of the
generic description of "recreational" activities will provide more equi-
table protection to landowners.
PRIOR LEGISLATIVE HISTORY:
A6134 of 2021-22: referred to judiciary
A4695 of 2019-20: Held in Judiciary Committee
A5171 of 2017-18: Referred to Judiciary Committee
A5392 of 2015-16: Held in Judiciary Committee
A6069 of 2013-14: Held in Judiciary Committee
A7153 of 2011-12: Held in Judiciary Committee
A2958 of 2009-10: Held in Judiciary Committee
A2054 of 2007-08: Held in Judiciary Committee
A2632 of 2005-06: Held in Judiciary Committee
A3414 of 2003-04: Held in Judiciary Committee
A1385 of 2001-02: Held in Judiciary Committee
A1983 of 1999-2000: referred to Judiciary Committee
A200 of 1997-98: Held in Judiciary Committee
A4807 of 1995-96: Held in Judiciary Committee
A1800 of 1993-94: Held in Judiciary Committee
FISCAL IMPLICATIONS:
The courts have indicated that this law does apply to relatively unde-
veloped publicly owned property. Thus, the protection afforded landown-
ers, both public and private, should be enhanced by this amendment,
possibly resulting in reduced legal and insurance costs.
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5641
2023-2024 Regular Sessions
IN ASSEMBLY
March 20, 2023
___________
Introduced by M. of A. FRIEND, J. M. GIGLIO, MANKTELOW, MORINELLO,
HAWLEY, BRABENEC, MILLER, TAGUE, DeSTEFANO -- Multi-Sponsored by -- M.
of A. BLANKENBUSH, McDONOUGH -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the general obligations law, in relation to the duty to
keep premises safe for certain uses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
2 al obligations law, as separately amended by chapters 141 and 286 of the
3 laws of 1984, is amended to read as follows:
4 a. an owner, lessee or occupant of premises, whether or not posted as
5 provided in section 11-2111 of the environmental conservation law, owes
6 no duty to keep the premises safe for entry or use by others for hunt-
7 ing, fishing, organized gleaning as defined in section seventy-one-y of
8 the agriculture and markets law, canoeing, boating, trapping, hiking,
9 cross-country skiing, tobogganing, sledding, speleological activities,
10 horseback riding, bicycle riding, hang gliding, motorized vehicle opera-
11 tion for recreational purposes, snowmobile operation, cutting or gather-
12 ing of wood for non-commercial purposes [or], training of dogs or other
13 recreational activities, or to give warning of any hazardous condition
14 or use of or structure or activity on such premises to persons entering
15 for such purposes;
16 § 2. Paragraphs b and c of subdivision 2 of section 9-103 of the
17 general obligations law, as amended by chapter 408 of the laws of 1979,
18 are amended to read as follows:
19 b. for injury suffered in any case where permission to pursue any of
20 the activities [enumerated] described in this section was granted for a
21 consideration other than the consideration, if any, paid to said land-
22 owner by the state or federal government, or permission to train dogs
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10295-01-3
A. 5641 2
1 was granted for a consideration other than that provided for in section
2 11-0925 of the environmental conservation law; or
3 c. for injury caused, by acts of persons to whom permission to pursue
4 any of the activities [enumerated] described in this section was grant-
5 ed, to other persons as to whom the person granting permission, or the
6 owner, lessee or occupant of the premises, owed a duty to keep the prem-
7 ises safe or to warn of danger.
8 § 3. This act shall take effect immediately.
