Bill S7294-2013

Exempts state and public corporations from liability for injuries and death of persons kayaking, surfboarding or scuba diving when lifeguards are not on duty

Exempts state and public corporations from liability for injuries and death of persons kayaking, surfboarding or scuba diving when lifeguards are not on duty.

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Actions

  • May 9, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S7294

TITLE OF BILL: An act to amend the general obligations law, in relation to exemption of the state and public corporations from liability for injury to property or personal injury, including death, of persons who use public beaches for kayaking, surfboarding or scuba diving when lifeguards are not on duty

PURPOSE:

To permit the use of human powered watercraft (HPW) such as kayaks, rowing shells, stand-up paddleboards, on beaches in New York City during non-bathing hours.

SUMMARY OF PROVISIONS:

To establish immunity on the owners, lessees or occupants of premises from liability for injury to property or personal injury, including death, of individuals who enter the premises for recreational purposes including kayaking, surfboarding or scuba diving.

JUSTIFICATION:

Many popular water sports, such as kayaking, rowing and paddle boarding are currently prohibited on New York City beaches due to liability issues. New York City's beaches are a great recreational resource to the many people who reside there. By deeming that the owners of beachfront property, whether they are private owners or government entities are not liable for injury or death that may result from such activity on their property, would open up the Atlantic ocean in these areas for public use. This legislation would allow these recreational activities during non-bathing hours when a lifeguard is not present on the property.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7294 IN SENATE May 9, 2014 ___________
Introduced by Sen. ADDABBO -- 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 exemption of the state and public corporations from liability for injury to proper- ty or personal injury, including death, of persons who use public beaches for kayaking, surfboarding or scuba diving when lifeguards are not on duty 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] KAYAKING, SURFBOARDING, SCUBA DIVING, 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 operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training of dogs, or to give warning of any hazardous condi- tion or use of or structure or activity on such premises to persons entering for such purposes; S 2. Section 9-103 of the general obligations law is amended by adding a new subdivision 1-a to read as follows: 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE IMMUNITY CONFERRED BY SUBDIVISION ONE OF THIS SECTION ON THE OWNERS, LESSEES OR OCCUPANTS OF PREMISES FROM LIABILITY FOR INJURY TO PROPERTY OR PERSONAL INJURY, INCLUDING DEATH, OF PERSONS WHO ENTER OR USE SUCH PREMISES FOR KAYAKING, SURFBOARDING OR SCUBA DIVING SHALL APPLY TO PUBLIC BEACHES OWNED OR OPERATED BY THE STATE OR A PUBLIC CORPORATION DURING THE HOURS WHEN LIFEGUARDS ARE NOT ON DUTY. S 3. This act shall take effect immediately.

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