What's happening
This bill adds swimming or bathing in state or municipal waters to the list of activities for which property owners owe no duty to keep premises safe.
Why it matters
Expands property owner protections. By including swimming or bathing in state or municipal waters among activities with no required duty of care, the bill shields owners from lawsuits related to injuries or accidents occurring during these activities.
Could impact public access and safety. People using public waters for swimming or bathing may have less legal recourse if injured, potentially increasing personal responsibility and reducing incentives for municipalities to post warnings or improve safety features.
Aligns swimming with other recreational activities. The bill treats swimming and bathing like hunting, hiking, or boating, suggesting a shift toward emphasizing individual risk acceptance for a broad range of outdoor activities on both public and private lands.
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Who cares
Headline styles
No Duty for Swimmer Safety
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.
No Duty for Water Safety
In Assembly Committee · Judiciary · Sponsor Fred Thiele
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.
Sponsor's memo
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
2015-16 S.4334/A.6087; 2013-14 S.4965/A.7139.
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.