Relates to landowner recreational liability and farm and horseback riding operation liability relief; and enacts the "equine activity safety code act"

Summary of specific provisions

Section 1 - amends Section 9-103 of the General Obligations Law ("GOL") by adding a new subdivision 1-a to limit liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products. The farmer or "u-pick" operation is only liable in those cases where the injuries are caused by a condition involving an unreasonable risk of harm when: (a) the owner/operator knew, or should have known, about the condition or risk; and (b) the owner/operator either failed to take reasonable care to make the condition safe or to provide a warning.

Section 2 - amends the GOL by adding a new article 18-B to establish an "Equine Activity Safety Code" hereinafter "Code". The Code provides an exemption from liability of a horse facility operator for an injury of a participation in horse riding offered by the facility if the injury results from the inherent risks of equine activities. This exemption does not apply and liability will attach if one of the following five criteria are met:

(1) the horse facility operator ("operator") provided the equipment, the operator knew or should have known that the equipment was faulty, and the faulty equipment caused the injury; (2) the operator provided the equine (horse, pony, mule or donkey) and failed to reasonably determine both the participant's ability to safely engage in the equine activity and such participant's ability to manage the particular engine; (3) the equine participation sustains injuries due to a dangerous latent condition on the operator's land or facilities that the operator knew, or should have Down, about; (4) the operator acts, or fails to act, in a manner constituting willful or wanton disregard for the participant's safety; or (5) the operator intentionally injuries the participant.

Effects of present law which this bill would alter

Existing law encourages excessive litigation and a concomitant drain on public and private resources. This bill restores balance to the civil justice system.

Justification

Landowner Recreational Liability: 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 of lands used in agricultural production and undeveloped premises, specifying that the statute applies to these types of properties (whether or not a farm) and expanding the scope of the law to include all recreational activities, rather than only those specifically identified in the statute.

Farm U-Pick and Horseback Riding Operations: Without question, working farms have provided the people of this state with the employment and the fondest memories of gathering applies and berries for grandma's delicious pies, picking out the largest pumpkin in the patch, bringing home the perfect Christmas tree and horseback riding in the country. "U-pick" farms and riding stables provide an escape from the hustle and bustle of urban lifestyles and provide a chance to see the richness of our agricultural landscapes. However, the increasing threat of frivolous lawsuits bolstered by a policy of open-ended liability has discouraged family farms and stables from opening their homes 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.

"U-pick" farms and riding stables do not seek blanket immunities from liability. Farms and equine facilities should be held responsible for their own acts of gross negligence. However, as a matter of fairness, individuals who take part in "u-pick" activities or horseback riding assume certain risks. Without this type of reform, our farms are truly defenseless against frivolous lawsuits of the "slip and fall" variety. This gradual disappearance of our rural heritage and agricultural landscapes would be unforgivable. At least 30 other states have passed or are considering legislation nearly identical to the proposal advocated for equine activities. In addition, essential reform for "u-pick" operations is supported by 70% of New Yorkers, according to a 1997 statewide Zogby poll.

Prior legislative history

2011-12 - S.4002/A.1256 JUDICIARY/Judiciary 2010 - S.4567/A.843 JUDICIARY/Judiciary 2009 - A.843 - Judiciary 2007-08 - A.2513 Judiciary 2006 A.10611 Judiciary

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, however, that the provisions of section two of this act shall take effect on the ninetieth day after it shall have become law; and provided further, that the provisions of this act shall apply only to

causes of action commenced on or after the effective date of each applicable section.