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- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes parameters of civil liability for persons involved in equine activities
In Assembly Committee · Judiciary · Sponsor William Magee
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1823
Title of bill
An act to amend the general obligations law, in relation to the liability of persons involved in equine activities
Purpose
This bill establishes guidelines for the conduct of participants, sponsors and professionals involved in the sport of horseback riding; to educate the public as to the inherent risks in the sport of horseback riding so as to minimize the risk of injury to persons engaged in the sport of horseback riding; to promote safety in the horseback riding industry, and to preserve the financial sustainability of the equine sponsors and equine professionals engaged in the horseback riding industry
Summary of provisions
Section 1 provides the legislative intent. The legislature finds that horseback riding both a major recreational sport and major industry within New York. The legislature further finds that there are inherent risks associated with horseback riding; that is appropriate, as well as in the public interest to establish certain duties and obligations of equine sponsors and professionals relative to the safety of horseback riding; and that it is necessary for the public to be apprised of such risks.
Section 2 amends the General Obligations Law by adding a new Article 18-B creating the Equine Activity Safety Code. The Code defines those risks inherent to the sport for which liability protection will be afforded, and establishes affirmative acts for which stable owners, activity sponsors, and equine businesses are responsible. The Code requires detailed posting and notifications of persons engaging in equine activities concerning the inherent risks of the sport, and mandates that participants recognize these risks and accept responsibility when they choose to participate.
Section 3 is the effective date.
Justification
Horseback riding as a sport and industry has enjoyed increasing growth and prominence in New York. In conjunction with this growth, the issue of liability has become a critical concern to the equine industry, not only in New York State, but nationally. Large claims paid by insurers to persons injured in accidents involving horses has driven the cost of liability insurance for stable owners and sponsors of recreational horse activities to intolerable levels. In many cases, horse farmers are risking the loss of their farms simply because they cannot afford the premium or cannot obtain coverage at all. At least 40 States have passed, or are considering, legislation similar to this proposal. The passage of this bill will take New York one step closer to its goal of preservation of farmland and open space by allowing horse farms to exist and operate, while at the same time protecting the rights of persons injured due to the negligence of another. This bill in no way establishes caps or limits on insurance awards, but rather seeks to
define situations where the participant must accept responsibility for the inherent risks of participating in horse-related activities.
Legislative history
1999-2000: S.6212; 2001-2002: S.1334; 2003-2004: S.171; 2005-2006: S.6821; 2007-2008: S.4509/A.11618; 2009-2010: S.2412/A.6032; 2011-2012: S.795/A.10014; 2013-2014: S.4962/A.1513
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after is shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.