Provides that an owner of real property shall have no duty to keep the premises safe from entry or use by others for swimming or bathing in state or municipal waters

1 Co-sponsor

• Thomas F. O'Mara

BILL NUMBER:S4334

Title of bill

An act to amend the general obligations law, in relation to the duty of an owner of property to keep a premises safe for entry or use by others for swimming and bathing

Purpose

To amend the general obligations law to include swimming or bathing in state or municipal waters to the other listed activities for which land owners owe no duty to keep premises safe for entry and use by others.

Summary of provisions

This bill would amend general obligations law section 9-103 (1) (a) by adding terms swimming or bathing in state or municipal waters.

Justification

The general obligations law presently provides that an uncompensated land owner does not have a duty to keep premises safe for entry and or use by others for hunting, fishing, organized gleaning as defined in section 71 (y) of the agriculture and markets law, canoeing, boating, hiking, cross country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operations, cutting or gathering of wood for non-commercial purposes or training of dogs. This bill would add swimming or bathing in state or municipal waters to those activities. On Long Island, which has many miles of shoreline, many streets terminate at the beach with the municipality having a right of way right up to the shore. These areas, although marked otherwise, are often used as access points for individuals to swim or bathe It is virtually impossible to maintain all these areas. Consequently, these localities should not be held to a higher standard of care than that provided in section 9-103.

Legislative history

2013-14: A.7139/S.4965

Fiscal implications

None to the State.

Effective date

Immediately.