Provides for certain uses of premises for which no duty is owed to keep premises safe

Title of bill

An act to amend the general obligations law, in relation to the duty to keep premises safe for certain uses

Purpose or general idea of bill

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 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.

Prior legislative history

1988: S.8120-B - Passed Senate 1990: S.1375 - Passed Senate 1992-2004: - Referred to Judiciary Committee 2005-2006: - S.1427 - Referred to Judiciary Committee 2007-2008: - Held in Consideration in Judiciary

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.