What's happening
This bill expands liability protections for landowners and adjacent property owners regarding recreational trail use and other outdoor activities.
Why it matters
Broadens the range of protected activities. By adding "recreational trail use" to the list, the bill extends legal protections to landowners for a wide array of outdoor activities, including emerging uses like multi-use trails, which may attract new user groups (e.g., bikers, runners, equestrians).
Extends liability protection to neighbors. The new language clarifies that not only the landowners hosting recreational activities, but also those whose property adjoins such land, are shielded from lawsuits for injuries or damages caused by trail users, even if those users trespass onto neighboring land.
Encourages land access and outdoor recreation. By reducing the risk of legal action, the bill could incentivize more private property owners to allow recreational use of their land or support trail development, which may increase public access to green spaces and support local tourism or community health.
Clarifies legal responsibilities. The amendments specify that landowners do not assume responsibility for warning of potential dangers or for injuries resulting from recreational use, helping to set clear expectations for both landowners and recreational users about personal risk and liability.
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Who cares
Headline styles
Limit Landowner Death Liability
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 5934a
- 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.
Remove Landowner Death Liability
In Assembly Committee · Judiciary · Sponsor Didi Barrett
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5934--A
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sens. HARCKHAM, O'MARA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- 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.
LBD08493-03-9
S. 5934--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.
Sponsor's memo
Title of bill
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
Purpose
To encourage the creation of rails-with-trails and other recreational trails by clarifying that property owners are not liable for certain acts
Summary of provisions
Section one amends subdivision 1 of section 9-103 of the general obli- gations law in the following manner:
*paragraph (a) is amended to add recreational trail use to the list of activities for which a property owner has no duty to keep safe for use by others.
*paragraph (b) is amended to state that property owners are not liable for the death of a person using their property for recreational activ- ities. Under current law, only injury is exempt from liability.
*a new paragraph (d) is added to state that property owners adjacent to the recreational property are not liable for actions which are caused by persons engaging in the activities listed in paragraph (a) when they are trespassing on the adjacent property.
Section two amends subdivision 18 of section 3 of the soil and water conservation districts law in the following manner:
*subdivision (18) is amended to include recreational trail use as an activity under the definition of "recreational use"
Section three sets forth the effective date.
Justification
This legislation intends to encourage the development of recreational trails, especially on property like former and active railroad beds.
This legislation clarifies liability of property owners who allow the public to access their land for recreational purposes. It ensures that property owners who allow recreational access to their property are protected from actions resulting in harm or death. This removes a poten- tial barrier to trail creation and incentivizes use of the land. The changes this legislation would make are based on recommendations from the Federal Highway Administration (hups://www.fhwa.dot.gov/environment/recreational trails/overview/).
This bill supports the creation of Rails-with-Trails, a concept in trail planning, in which trails are built alongside active railroads, often using railroad right-of-way. This concept makes use of otherwise underu- tilized land and allows the public to enjoy the property. Many railroad corridors experience issues with trespassing, but the rails-with-trails model provides a safe and legal way to access recreational opportunities along the property.
Legislative history
This is a new bill.
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.