What's happening
This bill expands liability protections for landowners who allow any recreational use of their property.
Why it matters
Broader immunity for landowners. The bill expands the list of covered activities from a specific set (hiking, fishing, etc.) to include “any other recreational use,” making it much harder for visitors injured during any type of recreational activity to sue a landowner.
Encourages public access. By lowering liability risk, landowners may be more willing to allow the public onto their land for a wider range of recreational activities—potentially increasing outdoor opportunities for the community.
Reduces legal uncertainty. The new language clarifies that landowners don’t have to warn visitors about hazards related to recreational use, decreasing their legal responsibility and potentially reducing insurance or legal costs.
Potential trade-offs for safety. With less obligation to address or warn about dangers, visitors may face increased risk and need to be more self-reliant and cautious when using private land for recreation.
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Who cares
Landowners, lessees and occupants
The bill would expand their protection from duties to keep premises safe or warn of hazards to cover any recreational use, not just the listed activities.
Hikers, cyclists and other recreational users
The bill would expressly include passage over premises in the activities for which owners, lessees and occupants owe no duty to keep the property safe.
People pursuing recreational activities not currently listed
The bill would extend the no-duty provisions to their activities through a new catchall for any other recreational use.
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.
Protect Landowners From Lawsuits
In Assembly Committee · Judiciary · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1213
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
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.
LBD00891-01-9
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 liabil- ity 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 Obli- gations 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 recre- ational 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 availabil- ity of recreational opportunities, the liability of landowners is limit- ed 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 recre- ational 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 recre- ational 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
2017-18: S.1429 Referred to Judiciary/A.560 Referred to Judiciary
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.