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.

---

S3283-2013 Actions

• Jan 31, 2013: REFERRED TO JUDICIARY

S3283-2013 Memo

BILL NUMBER:S3283

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  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 encompass similar activities which have been
developed, and new activities of a similar nature which continue to be
developed periodically.

In subdivision 2, paragraphs band c contain references  to  the  above
list  of  activities.  This  bill  makes  technical  changes  in these
references 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 similar to 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  boating,  snow
boarding,  sail boarding}ballooning, training birds for falconry, 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 equitable protection to landowners.

LEGISLATIVE HISTORY:  2049: S.1030, A.2958

FISCAL IMPLICATIONS:  The courts have indicated  that  this  law  does
apply  to  relatively  undeveloped  publicly-owned property. Thus, the
protection afforded landowners, both public  and  private,  should  be
enhanced  by  this  amendment, possibly resulting in reduced legal and
insurance costs.

EFFECTIVE DATE: Immediately.

S3283-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3283

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 31, 2013
                                 ___________

  Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
    printed to be committed 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

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
  al obligations law, as separately amended by chapters 141 and 286 of the
  laws of 1984, is amended to read as follows:

    a. an owner, lessee or occupant of premises, whether or not posted  as
  provided  in section 11-2111 of the environmental conservation law, owes
  no duty to keep the premises safe for entry or use by others  for  hunt-
  ing,  fishing, organized gleaning as defined in section seventy-one-y of
  the agriculture and markets law, canoeing,  boating,  trapping,  hiking,
  cross-country  skiing,  tobogganing, sledding, speleological activities,
  horseback riding, bicycle riding, hang gliding, motorized vehicle opera-
  tion for recreational purposes, snowmobile operation, cutting or gather-
  ing of wood for non-commercial purposes [or], training of dogs OR  OTHER
  RECREATIONAL  ACTIVITIES,  or to give warning of any hazardous condition
  or use of or structure or activity on such premises to persons  entering
  for such purposes;
    S  2.  Paragraphs  b  and  c  of subdivision 2 of section 9-103 of the
  general obligations law, as amended by chapter 408 of the laws of  1979,
  are amended to read as follows:

    b.  for  injury suffered in any case where permission to pursue any of
  the activities [enumerated] DESCRIBED in this section was granted for  a
  consideration  other  than the consideration, if any, paid to said land-
  owner by the state or federal government, or permission  to  train  dogs
  was  granted for a consideration other than that provided for in section
  11-0925 of the environmental conservation law; or

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08531-01-3

 S. 3283                             2

    c. for injury caused, by acts of persons to whom permission to  pursue
  any  of the activities [enumerated] DESCRIBED in this section was grant-
  ed, to other persons as to whom the person granting permission,  or  the
  owner, lessee or occupant of the premises, owed a duty to keep the prem-
  ises safe or to warn of danger.
    S 3.  This act shall take effect immediately.