What's happening
This bill adds swimming or bathing in state or municipal waters to activities for which property owners owe no duty to keep premises safe.
Why it matters
Expands legal protections for property owners. By explicitly including "swimming or bathing in state or municipal waters," this amendment shields landowners from liability if someone is injured while engaging in these activities on their property.
Could influence public access to natural water bodies. Property owners might be more willing to allow public swimming or bathing since the risk of being sued for injuries is reduced, potentially increasing recreational opportunities.
Shifts responsibility to individuals. Swimmers and bathers would need to be more cautious and responsible for their own safety, as they would have limited grounds to hold property owners liable for accidents or hazardous conditions.
Aligns swimming with other recreational activities. The bill places swimming and bathing alongside activities like hiking, fishing, and sledding, making liability rules more consistent across different types of outdoor recreation.
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Who cares
Property owners, lessees and occupants
The bill would remove their duty to keep premises safe or warn of hazards for people entering or using the premises to swim or bathe in state or municipal waters.
Swimmers and bathers in state or municipal waters
They would be added to the recreational users to whom property owners, lessees and occupants owe no duty of premises safety or hazard warnings under this provision.
Personal injury attorneys
The bill would expand the recreational-use provision they must consider when assessing premises-liability claims involving swimming or bathing in state or municipal waters.
Headline styles
No Duty for Water Safety
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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.
No Duty for Swimmer Safety
In Senate Committee · Judiciary · Sponsor Kenneth P. LaValle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3227 A. 2680
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 20, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. THIELE, PALUMBO -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph a of subdivision 1 of section 9-103 of the general obligations law, as separately amended by chapters 141 and 286 of the laws of 1984, is amended to read as follows:
a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, swimming or bathing in state or municipal waters, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for noncommercial purposes or training of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04081-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.