Exempts state and public corporations from liability for injuries and death of persons kayaking, surfboarding or scuba diving when lifeguards are not on duty

BILL NUMBER:S3006

Title of bill

An act to amend the general obligations law, in relation to exemption of the state and public corporations from liability for injury to property or personal injury, including death, of persons who use public beaches for kayaking, surfboarding or scuba diving when lifeguards are not on duty

Purpose

To permit the use of human powered watercraft (HPW) such as kayaks, rowing shells, stand-up paddleboards, on beaches in New York City during non-bathing hours.

Summary of provisions

To establish immunity on the owners, lessees or occupants of premises from liability for injury to property or personal injury, including death, of individuals who enter the premises for recreational purposes including kayaking, surfboarding or scuba diving.

Justification

Many popular water sports, such as kayaking, rowing and paddle boarding are currently prohibited on New York City beaches due to liability issues. New York City's beaches are a great recreational resource to the many people who reside there. By deeming that the owners of beachfront property, whether they are private owners or government entities are not liable for injury or death that may result from such activity on their property, would open up the Atlantic ocean in these areas for public use. This legislation would allow these recreational activities during non-bathing hours when a lifeguard is not present on the property.

Legislative history

2014: S. 7294 - Referred to Judiciary.

Fiscal implications

None.

Effective date

Immediately.