What's happening
This bill expands liability protections for New York landowners who allow any recreational use of their property.
Why it matters
Broader liability shield. By adding "any other recreational use," this bill would protect landowners from being sued over a much wider range of activities, not just the specific ones listed (like hiking or fishing). This could encourage landowners to allow more diverse recreational access.
Reduced barriers for public access. With expanded liability protections, private landowners may be more willing to let community members use their land for various recreational purposes, potentially increasing outdoor opportunities in New York.
Potential risks for users. The bill means people who use private land for recreation would have less legal recourse if injured, since landowners would have even fewer duties to warn about hazards or maintain safety for any recreational use.
Impact on insurance and land management. Landowners could see changes in their insurance requirements or costs, and might adjust how they manage and monitor their properties in response to the broader protection from lawsuits.
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Who cares
Headline styles
Limit Landowner Recreation Liability
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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.
Limit Landowner Liability for Recreation
In Assembly Committee · Judiciary · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1429
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to the liability of landowners who permit recreational uses
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: (1) to keep the premises safe for entry, passage over premises or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, 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 non-commercial purposes [or], training of dogs, and any other recreational use; or (2) 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.
LBD03543-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general obligations law, in relation to the liability of landowners who permit recreational uses
Purpose or general idea of bill
This bill would enhance the availability of recreational activities on undeveloped lands by clarifying the provisions of the General Obligations Law (GOL) relating to landowner liability for providing public access for recreational activities.
Summary of specific provisions
Section 1 of the bill would amend GOL § 9-103 to provide that owners, lessees and occupants of premises owe no duty of care: (i) to keep their premises safe for passage over by persons engaging in specific recreational activities; and (ii) to persons engaging in any recreational use on the premises.
Section 2 provides that the bill would take effect immediately.
Justification
This bill seeks to encourage the owners of land and water areas to permit their use for recreational activities. Landowners may be more receptive to opening their lands for recreational use if they would not be subject to liability for doing so. In order to promote the availability of recreational opportunities, the liability of landowners is limited in GOL § 9-103.
GOL § 9-103, commonly referred to as the Recreational Use Statute, affords landowners immunity from liability based on a failure to keep premises safe for entry and use by others for specific recreational activities, including: hunting, fishing, organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for noncommercial purposes or the training of dogs. One of the concerns for landowners is that this list does not include all recreational activities for which a landowner may make their land available to the public. For example, hiking is a covered activity but walking is not. This bill would address this incongruity by including all recreational activities in GOL § 9-103. In addition, this bill would clarify that property owners would be protected if they allow individuals to pass over their land in order to participate in a recreational activity.
This bill would not change the existing protection from a landowner's willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity. It would not apply in cases where a fee is paid for any recreational use.
Prior legislative history
2015-16: S.3101 Referred to Judiciary/A.1846 Referred to Judiciary. 2013-14: A.1703 Assembly Judiciary/S.289 Senate Judiciary 2011-12: A.5822 Assembly Judiciary 2009-10: A.8258 Assembly Judiciary/S.5485 Senate Judiciary 2007-08: A.9116/S.2761 Judiciary in Assembly and Senate 2005-06: S.8188 Passed Senate 2004: A.9664 - Assembly Insurance Committee; S.1279-A - -Passed Senate 2003: A.6342 - Assembly Insurance Committee; enacting clause stricken; S1279 passed Senate 2001-02: A.6101 Assembly Insurance Committee; S.2200 Passed Senate 2000: A.3810 Assembly Insurance Committee; S. 3529 Passed Senate 1999: A.3810 Assembly Insurance Committee; S.3529 Passed Senate 1998: A.4793-B Assembly Insurance Committee; S.2803-B Senate Insurance Committee 1997: A.4793-A Assembly Insurance Committee; S.2803-A Passed Senate 1996: A.9046-C Assembly Judiciary Committee; S.6269-C Passed Senate
Fiscal implications
There is no direct fiscal impact on the state or local government. However, by opening more land for recreational activities, localities may see an increase in tourism related tax revenues.
Effective date
The bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.