What's happening
The bill expands liability protections for landowners, including adjacent property owners, when their land is used for recreational trail activities.
Why it matters
Expanding liability protections to adjacent landowners means that people who own property next to recreational trails (not just the trail itself) are shielded from lawsuits if trail users trespass onto their land or if accidents originate from trail activities nearby. This could make more landowners willing to allow trails near their property.
By specifically adding "recreational trail use" to the list of protected activities, the law recognizes the growing popularity of trails for hiking, biking, and other uses, and aims to reduce legal barriers for public and private trail development and maintenance.
The bill clarifies that landowners and their neighbors do not have to warn recreational users about hazards, nor are they responsible for injuries, property damage, or deaths resulting from recreational trail activities—potentially lowering insurance costs and legal risks for those involved in trail projects.
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Who cares
Headline styles
Remove Landowner Death Liability
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 4774a
- Amend (t) and recommit to judiciary
- 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 Death Liability
In Senate Committee · Judiciary · Sponsor Pete Harckham
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4774--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. BARRETT -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general obligations law and the soil and water conservation districts law, in relation to the use of certain premises and the responsibility for acts of such users on the premises or on adjacent premises
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs a and b of subdivision 1 of section 9-103 of the general obligations law, paragraph a as separately amended by chapters 141 and 286 of the laws of 1984 and paragraph b as amended by chapter 408 of the laws of 1979, are amended and a new paragraph d is added 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, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes, recreational trail use 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[;].
b. an owner, lessee or occupant of premises who gives permission to another to pursue any such activities upon such premises does not thereby (1) extend any assurance that the premises are safe for such purpose,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08493-02-9
A. 4774--A 2
or (2) constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or (3) assume responsibility for or incur liability for any injury to person or property or for the death of any person caused by any act of persons to whom the permission is granted.
d. an owner, lessee or occupant of premises adjoining premises being used as permitted pursuant to paragraph b of this subdivision for recreational trail use or any other activity stated in paragraph a of this subdivision shall not be liable to any actions of any type resulting from, or caused by, persons engaging in such activities trespassing on such adjacent premises, and no owner, lessee or occupant of premises adjoining premises being used as permitted pursuant to paragraph b of this subdivision shall be liable for any actions of any type started on, or taking place within, the boundaries of the premises being used pursuant to paragraph b of this subdivision arising out of the activities of other parties.
§ 2. Subdivision 18 of section 3 of the soil and water conservation districts law, as added by chapter 362 of the laws of 1996, is amended to read as follows:
(18) "Recreational use" means any activity undertaken out of doors for purposes of mental or physical enjoyment and relaxation and may include, but shall not be limited to, hunting, fishing, 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, recreational trail use and training of dogs.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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