Relates to the liability of landowners who permit recreational uses of their land

4 Co-sponsors

• Darrel J. Aubertine
• David J. Valesky
• Catharine Young
• William T. Stachowski

Title of bill

An act to amend the general obligations law, in relation to the liability of landowners who permit recreational uses

Purpose or general idea of bill

This bill would enhance the availability of recreational activities on undeveloped lands by clarifying the provisions of the General Obligations Law (GOL) relating to landowner liability for providing public access for recreational activities.

Summary of specific provisions

Section 1 of the bill would amend GOL §9-103 to provide that owners, lessees and occupants of premises owe no duty of care: (i) to keep their premises safe for passage over by persons engaging in specific recreational activities; and (ii) to persons engaging in any recreational use on the premises.

Section 2 provides that the bill would take effect immediately.

Justification

This bill seeks to encourage the owners of land and water areas to permit their use for recreational activities. About 85 percent of New York State is privately-owned, and many people rely on private landowners for access to outdoor recreational opportunities. Landowners may be more receptive to opening their lands for recreational use if they would not be subject to liability for doing so. In order to promote the availability of recreational opportunities, the liability of landowners is limited in GOL § 9-103.

GOL §9-103, commonly referred to as the Recreational Use Statute, affords landowners immunity from liability based on a failure to keep premises safe for entry and use by others for specific recreational activities, including: hunting, fishing, organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for noncommercial purposes or the training of dogs. One of the concerns for landowners is that this list does not include all recreational activities for which a landowner may make their land available to the public. For example, hiking is a covered activity but walking is not. This bill would address this incongruity by including all recreational activities in GOL §9-103. In addition, this bill would clarify that property owners would be protected if they allow individuals to pass over their land in order to participate in a recreational activity.

This bill would not change the existing protection from a landowner's willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity. It would not apply in cases where a fee is paid for any recreational use.

Prior legislative history

2007-08: A.9116/S.2761 Judiciary in Assembly and Senate 2006: S.8188 Passed Senate 2004: A.9664 - Assembly Insurance Committee; S.1279-A Passed Senate 2003: A.6342 - Assembly Insurance Committee; Enacting clause stricken; S.1279 Passed Senate 2001-02: A.6101 Assembly Insurance Committee; S.2200 Passed Senate 2000: A.3810 Assembly Insurance Committee; S.3529 Passed Senate 1999: A.3810 Assembly Insurance Committee; S.3529 Passed Senate 1998: A.4793-B Assembly Insurance Committee; S.2803B Senate Insurance Committee 1997: A.4793-A Assembly Insurance Committee; S.2803A Passed Senate 1996: A.9046-C Assembly Judiciary Committee; S.6269C Passed Senate

Fiscal implications

There is no direct fiscal impact on the state or local government. However, by opening more land for recreational activities, localities may see an increase in tourism related tax revenues.

Effective date

The bill would take effect immediately.