Creates the equine activity safety code

BILL NUMBER:S3195

Title of bill

An act to amend the general obligations law, in relation to creating the equine activity safety code

Purpose or general idea of bill

To expand the scope of the law to provide clearer definition of assumed risks in equine activities and to require certain notices to those who partake in these activities. The bill will correct the litigious environment created by the present tort system which has raised to cost of insurance premiums to unreasonably high levels and will provide greater notice to consumers.

Summary of specific provisions

Section 1 creates a new Article 18-B of the General Obligations Law called the Equine Activity Safety Code. This Article defines the scope of liability for providers of equine activities and requires that every equine professional shall post and maintain certain signs and warnings to advise the public.

Section 2 provides that this act shall become effective immediately and shall apply only to causes of action commenced on or after the effective date.

Effects of present law which this bill would alter

Existing law encourages excessive litigation and a concomitant drain on public and private resources and does not provide proper notice to the public. This bill helps to restore balance to the civil justice system while giving the public better notice as to hazards and responsibilities.

Justification

Currently, section 9-103 of the General Obligations Law extends to some landowners a limited immunity from liability to keep premises safe by the use of others for a series of enumerated recreational activities. The existing law would be strengthened under this bill by reaffirming the Legislature's intent, incorporating specific definitions to protect providers of equine activities from frivolous lawsuits for risks assumed by participants.

Without question, working farms and other providers of equine activities have provided the people of this state with the employment and the fondest memories of horseback riding in the country. Farms and riding stables provide an escape from the hustle and bustle of urban lifestyles. However, the increasing threat of frivolous lawsuits bolstered by a policy of open-ended liability has discouraged family farms and stables from continuing to provide these recreational activities to the public. The litigious environment created by the present tort system has raised the cost of insurance premiums to unreasonably high levels and needs to be reformed. Currently there are no clear guidelines as to notices and

warnings that would be appropriate for those partaking in equine activities.

Those offering equine activities do not seek blanket immunities from liability. Farms and other equine facilities should be held responsible for their own acts of gross negligence. However, as a matter of fairness, individuals who take part in equine activities assume certain risks. Without this type of reform, our farms are truly defenseless against frivolous lawsuits. At least 30 other states have passed or are considering legislation nearly identical to the proposal advocated for equine activities.

Prior legislative history

New bill.

Fiscal implications

Overall savings to taxpayers due to a reduction in the hidden taxes they pay to support the tort system in New York will be substantial.

Effective date

This act shall take effect immediately; provided, that the provisions of this act shall apply only to causes of action commenced on or after the effective date.