What's happening
This bill adds rock climbing to the list of activities for which landowners are not liable for injuries on their property.
Why it matters
Expands legal protection for landowners. By adding rock climbing to the list of activities covered, the bill aims to encourage landowners to allow access to their property for recreation without fear of being sued for injuries related to rock climbing.
Promotes outdoor recreation. The change could increase opportunities for rock climbers by making more natural sites legally accessible, potentially boosting tourism and the local outdoor economy.
Balances risk and responsibility. The law clarifies that individuals who engage in rock climbing on another person's land do so at their own risk, shifting personal responsibility to the climber rather than the property owner.
Aligns with other recreational activities. Rock climbing is being placed alongside activities like hiking, horseback riding, and boating, reflecting a broader move to treat a range of outdoor pursuits similarly in terms of landowner liability.
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Who cares
Headline styles
Limit Landowner Rock Climbing Liability
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.322
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–1
- Ordered to third reading cal.1888
- Committee discharged and committed to rules
Show 1 earlier action
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5353
2017-2018 Regular Sessions
IN SENATE
March 22, 2017
Introduced by Sen. FUNKE -- (at request of the Office of Parks, Recreation and Historic Preservation) -- 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 limiting liability for lands used for rock climbing
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, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, rock climbing, 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, 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.
LBD10163-01-7
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 limiting liability for lands used for rock climbing
Purpose of the bill
This bill would expand the availability of rock climbing within the State by defining the legal duty of landowners that allow the public to rock climb on their property.
Summary of provisions
Section 1 of the bill would amend General Obligations Law § 9-103, known as the "Recreational Use Statute," to include rock climbing in the list of recreational activities to which the liability limitation applies.
Section 2 of the bill would make it effective immediately.
Justification
There is increased demand for more access to public and private rock climbing areas. Local climbing coalitions have asked the Office of Parks, Recreation and Historic Preservation (Parks) for rock climbing access to locations such as the Niagara Gorge and the Palisades, and to the following parks: Fillmore Glen, Buttermilk Falls, Chittenango Falls, Storm King, Taconic, Thacher, Minnewaska and Chimney Bluffs.
One of the factors considered when evaluating new recreational uses like rock climbing on State property is the legal protection afforded to State taxpayers. Without the protection of the Recreational Use statute, State Parks would be required to spend operation, maintenance and capital funds to manage, inspect and maintain rock climbing routes and access areas, and also be subject to liability claims for injuries. Instead, the Recreational Use statute limits the State's liability for such activity, as well as the liability of private landowners.
Rock climbing opportunities are unlikely to expand in New York due to the uncertainty regarding landowner liability. If the uncertainty is alleviated by the inclusion of rock climbing in the Recreational Use Statute, then landowners could allow access to climbing areas currently unavailable to the public at little cost. State Parks would welcome climbers as new patrons who would contribute to boosting the local tourism economy.
Prior legislative history
None.
Fiscal implications
None known.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.