S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4567

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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 duty  to
  keep  premises safe for certain uses and enacting the "equine activity
  safety code act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 9-103 of the general obligations law, as amended by
chapter  408  of the laws of 1979, paragraph a of subdivision 1 as sepa-
rately amended by chapters 141 and 286 of the laws of 1984 and paragraph
c of subdivision 1 as added by chapter 174  of  the  laws  of  1980,  is
amended to read as follows:
  S 9-103. No  duty to keep premises safe for certain uses; responsibil-
ity for acts of such users. 1.  THE LEGISLATURE REAFFIRMS THE PURPOSE OF
THIS SECTION WHICH IS TO ENCOURAGE PROPERTY  OWNERS  TO  MAKE  LAND  AND
WATER  AREAS  AVAILABLE  TO  THE PUBLIC FOR RECREATIONAL OR CONSERVATION
PURPOSES BY LIMITING THEIR POTENTIAL LIABILITY EXPOSURE  TOWARD  PERSONS
ENTERING  THEREON  FOR SUCH PURPOSES. ITS PROVISIONS SHOULD BE CONSTRUED
TO ACCOMPLISH THOSE OBJECTIVES.
  1-A. DEFINITIONS. AS USED IN THIS SECTION:
  A. "LANDS USED IN AGRICULTURAL PRODUCTION" MEANS LAND  AS  DEFINED  IN
SUBDIVISION  FOUR  OF  SECTION  THREE HUNDRED ONE OF THE AGRICULTURE AND
MARKETS LAW, EXCEPT THAT THE PARCEL OF LAND MAY BE LESS THAN  TEN  ACRES
AND STILL QUALIFY.
  B.  "OWNER,  LESSEE,  OR  OCCUPANT"  MEANS  ANY PERSON ENTITLED TO THE
EXCLUSIVE OR NON-EXCLUSIVE USE OR POSSESSION OF THE PREMISES,  INCLUDING
HOLDERS OF CONSERVATION AND TRAIL EASEMENTS.
  C.  "UNDEVELOPED  PREMISES"  MEANS  PROPERTY EXISTING IN ITS NATURALLY
OCCURRING STATE, WITHOUT STRUCTURES,  IMPROVEMENTS  OR  MANMADE  OBJECTS
CONSTRUCTED,  SITUATED  OR  PLACED ON THE PROPERTY BY THE OWNER, LESSEE,
OCCUPANT OR OTHER PERSONS. IF PROPERTY  CONTAINS  BOTH  UNDEVELOPED  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00810-01-9
              

S. 4567                             2

DEVELOPED  AREAS, THE OWNER, LESSEE OR OCCUPANT OWES NO DUTY TO KEEP THE
UNDEVELOPED PORTION OF THE PREMISES SAFE FOR ENTRY OR USE BY OTHERS  FOR
RECREATIONAL PURPOSES, BUT NOTHING IN THIS SECTION AFFECTS OR ALTERS THE
LIABILITY OF SUCH OWNER, LESSEE OR OCCUPANT TO OTHERS WHO ENTER UPON THE
DEVELOPED  PORTION  OF  THE  PREMISES.  UNDEVELOPED  LAND  MAY INCLUDE A
CLEARED PATH IF IT IS NOT PAVED AND THE  PATH  SHALL  NOT  CEASE  TO  BE
"UNDEVELOPED"  BECAUSE ITS CREATION OR MAINTENANCE REQUIRES MINOR ALTER-
ATION OF LANDSCAPE. LAND DOES NOT CEASE TO BE "UNDEVELOPED" IF THE  ONLY
MANMADE  ALTERATION  IS THE PLANTING AND MAINTENANCE OF FLORA, INCLUDING
TREES, SHRUBS, FLOWERS, OR GRASS.
  2. Except as provided in subdivision [two] THREE OF THIS SECTION,
  a. an owner, lessee or occupant of UNDEVELOPED  premises  OR  OF  LAND
USED  IN  AGRICULTURAL  PRODUCTION, whether or not posted as provided in
section 11-2111 of the environmental conservation law,  AND  WHETHER  OR
NOT  A  FARM, owes no duty to keep the premises safe for entry or use by
others for ANY RECREATIONAL USE, INCLUDING BUT NOT LIMITED  TO  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,  horse-
back  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;
  b.  an  owner,  lessee or occupant of premises who gives permission to
another to pursue any such activities upon such premises does not there-
by (1) extend any assurance that the premises are safe for such purpose,
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 caused by any act of
persons to whom the permission is granted.
  c. an owner, lessee or occupant of a farm, as defined in  section  six
hundred  seventy-one of the labor law, whether or not posted as provided
in section 11-2111 of the environmental conservation law, owes  no  duty
to  keep  such  farm  safe  for  entry  or use by a person who enters or
remains in or upon such farm without consent or privilege,  or  to  give
warning of any hazardous condition or use of or structure or activity on
such  farm to persons so entering or remaining. This shall not be inter-
preted, or construed, as a limit on liability for acts of  gross  negli-
gence  in  addition to those other acts referred to in subdivision [two]
THREE of this section.
  [2.] 3. This section does not limit the liability which  would  other-
wise exist:
  a.  for  willful  or malicious failure to guard, or to warn against, a
dangerous condition, use, structure or activity; or
  b. for injury suffered in any case where permission to pursue  any  of
the  activities  enumerated  in this section was granted for a consider-
ation other than the consideration, if any, paid to  said  landowner  by
the state or federal government, or permission to train dogs was granted
for  a  consideration other than that provided for in section 11-0925 of
the environmental conservation law; or
  c. for injury caused, by acts of persons to whom permission to  pursue
any  of  the activities enumerated in this section was granted, to other
persons as to whom the person granting permission, or the owner,  lessee
or occupant of the premises, owed a duty to keep the premises safe or to
warn of danger.

S. 4567                             3

  [3.]  4.  Nothing  in this section creates a duty of care or ground of
liability for injury to person or property.
  5.  NO CAUSE OF ACTION SHALL ARISE AGAINST THE OWNER, TENANT OR LESSEE
OF LAND OR PREMISES FOR INJURIES TO ANY PERSON, OTHER THAN  AN  EMPLOYEE
OR  CONTRACTOR  OF  THE  OWNER,  TENANT OR LESSEE, WHO IS ON THE LAND OR
PREMISES FOR THE PURPOSE OF PICKING AND PURCHASING AGRICULTURAL OR  FARM
PRODUCTS  AT  A FARM OR "U-PICK" OPERATION, UNLESS THE PERSON'S INJURIES
WERE CAUSED BY A CONDITION WHICH INVOLVED AN UNREASONABLE RISK  OF  HARM
AND ALL OF THE FOLLOWING APPLY:
  A. THE OWNER, TENANT OR LESSEE KNEW, HAD REASON TO KNOW OF, OR REASON-
ABLY SHOULD HAVE KNOWN OF THE CONDITION OR RISK.
  B.  THE  OWNER, TENANT OR LESSEE FAILED TO EXERCISE REASONABLE CARE TO
MAKE THE CONDITION SAFE, OR TO WARN THE PERSON OF THE CONDITION OR RISK.
  S 2.  The  general obligations law is amended by adding a new  article
18-B to read as follows:
                              ARTICLE 18-B
                       EQUINE ACTIVITY SAFETY CODE
SECTION 18-301. SHORT TITLE.
        18-302. DEFINITIONS.
        18-303. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.
        18-304. LIMITATION OF LIABILITY.
        18-305. POSTING AND NOTIFICATION.
  S    18-301. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED
AS THE "EQUINE ACTIVITY SAFETY CODE ACT".
  S   18-302.   DEFINITIONS. FOR  THE  PURPOSES  OF  THIS  ARTICLE,  THE
FOLLOWING WORDS OR PHRASES SHALL BE DEFINED AS FOLLOWS:
  1.  "ENGAGES  IN AN EQUINE ACTIVITY" MEANS RIDING, TRAINING, ASSISTING
IN VETERINARY TREATMENT OF, DRIVING,  OR BEING  A  PASSENGER   UPON   AN
EQUINE,  WHETHER  MOUNTED OR UNMOUNTED, VISITING OR TOURING OR UTILIZING
AN EQUINE FACILITY AS PART OF AN ORGANIZED EVENT  OR  ACTIVITY,  OR  ANY
PERSON ASSISTING A PARTICIPANT OR SHOW MANAGEMENT. THE TERM "ENGAGES  IN
AN EQUINE ACTIVITY" DOES NOT INCLUDE BEING  A  SPECTATOR  AT  AN  EQUINE
ACTIVITY, EXCEPT IN CASES WHERE THE SPECTATOR PLACES HIMSELF IN AN UNAU-
THORIZED AREA OR IN IMMEDIATE PROXIMITY TO THE EQUINE ACTIVITY.
  2. "EQUINE" MEANS A HORSE, PONY, MULE OR DONKEY.
  3. "EQUINE ACTIVITY" MEANS:
  (A)   EQUINE  SHOWS, FAIRS, COMPETITIONS, PERFORMANCES OR PARADES THAT
INVOLVE ANY OR ALL BREEDS OF EQUINES AND ANY OF THE EQUINE  DISCIPLINES,
INCLUDING,  BUT  NOT LIMITED TO DRESSAGE, HUNTER AND JUMPER HORSE SHOWS,
GRAND PRIX JUMPING, THREE-DAY EVENTS, COMBINED TRAINING, RODEOS, RIDING,
DRIVING, PULLING, CUTTING, POLO,  STEEPLECHASING,  ENGLISH  AND  WESTERN
PERFORMANCE RIDING, ENDURANCE TRAIL RIDING, GYMKHANA GAMES, AND HUNTING.
  (B) EQUINE TRAINING OR TEACHING ACTIVITIES OR BOTH.
  (C) THE BOARDING OF EQUINES; INCLUDING NORMAL DAILY CARE THEREOF.
  (D)    RIDING,  INSPECTING OR EVALUATING BY A PURCHASER OR AN AGENT AN
EQUINE BELONGING TO ANOTHER, WHETHER OR NOT THE OWNER HAS RECEIVED  SOME
MONETARY CONSIDERATION OR OTHER THING OF VALUE FOR THE USE OF THE EQUINE
OR  IS PERMITTING A PROSPECTIVE PURCHASER OF THE EQUINE TO RIDE, INSPECT
OR EVALUATE THE EQUINE.
  (E) RIDES, TRIPS, HUNTS OR OTHER EQUINE ACTIVITIES OF ANY TYPE HOWEVER
INFORMAL OR IMPROMPTU THAT ARE SPONSORED BY AN EQUINE ACTIVITY SPONSOR.
  (F) PLACING OR REPLACING HORSESHOES OR HOOF TRIMMING ON AN EQUINE.
  (G) PROVIDING OR ASSISTING IN VETERINARY TREATMENT OF AN EQUINE.
  4. "EQUINE  ACTIVITY SPONSOR" MEANS AN INDIVIDUAL, GROUP, CLUB,  PART-
NERSHIP,  LIMITED  LIABILITY  COMPANY OR CORPORATION, WHETHER OR NOT THE
SPONSOR  IS  OPERATING FOR PROFIT  OR NONPROFIT, WHICH SPONSORS,  ORGAN-

S. 4567                             4

IZES  OR  PROVIDES THE FACILITIES FOR, AN EQUINE ACTIVITY, INCLUDING BUT
NOT LIMITED TO: PONY CLUBS, 4-H CLUBS, HUNT CLUBS, RIDING CLUBS,  SCHOOL
AND  COLLEGE-SPONSORED  CLASSES, PROGRAMS   AND ACTIVITIES,  THERAPEUTIC
RIDING  PROGRAMS, STABLE AND FARM OWNERS AND OPERATORS, INSTRUCTORS, AND
PROMOTERS OF EQUINE   FACILITIES, INCLUDING BUT NOT  LIMITED  TO  FARMS,
STABLES,  CLUBHOUSES,  PONY RIDE STRINGS, FAIRS, AND ARENAS AT WHICH THE
ACTIVITY IS HELD.
  5. "EQUINE PROFESSIONAL" MEANS A PERSON ENGAGED FOR COMPENSATION:
  (A) IN INSTRUCTING A PARTICIPANT OR RENTING TO A PARTICIPANT AN EQUINE
FOR THE PURPOSE OF RIDING, DRIVING OR BEING A PASSENGER UPON THE EQUINE;
  (B) IN RENTING EQUIPMENT OR TACK TO A PARTICIPANT;
  (C) TO PROVIDE DAILY CARE OF HORSES BOARDED AT AN EQUINE FACILITY; OR
  (D) TO TRAIN AN EQUINE.
  6. "INHERENT RISKS OF EQUINE ACTIVITIES" MEANS THOSE DANGERS OR CONDI-
TIONS WHICH ARE AN INTEGRAL PART OF EQUINE ACTIVITIES, INCLUDING BUT NOT
LIMITED TO:
  (A)  THE  PROPENSITY  OF  EQUINES TO BEHAVE IN WAYS THAT MAY RESULT IN
INJURY, HARM OR DEATH TO PERSONS ON OR AROUND THEM;
  (B) THE UNPREDICTABILITY OF AN EQUINE'S REACTION TO  SUCH THINGS    AS
SOUNDS,   SUDDEN   MOVEMENT,  AND  UNFAMILIAR  OBJECTS, PERSONS OR OTHER
ANIMALS;
  (C) CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS  INCLUD-
ING, BUT NOT LIMITED TO, ROCKS, FOREST GROWTH, DEBRIS, BRANCHES,  TREES,
ROOTS, STUMPS OR OTHER NATURAL OBJECTS;
  (D) COLLISIONS WITH OTHER EQUINES OR OBJECTS; AND
  (E)  THE POTENTIAL OF A PARTICIPANT TO ACT IN A NEGLIGENT MANNER  THAT
MAY CONTRIBUTE  TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH AS  FAILING
TO  MAINTAIN CONTROL OVER THE ANIMAL OR NOT  ACTING  WITHIN  HIS  OR HER
ABILITY.
  7. "PARTICIPANT"  MEANS  ANY PERSON, WHETHER AMATEUR OR  PROFESSIONAL,
WHO  ENGAGES IN AN EQUINE ACTIVITY, WHETHER OR  NOT  A  FEE  IS  PAID TO
PARTICIPATE IN THE EQUINE ACTIVITY.
  S 18-303.  LIABILITY  OF  PERSONS INVOLVED IN  EQUINE  ACTIVITIES.  1.
NOTHING  IN  SECTION 18-304 OF THIS ARTICLE SHALL  PREVENT  OR LIMIT THE
LIABILITY OF AN EQUINE ACTIVITY SPONSOR OR AN  EQUINE  PROFESSIONAL,  IF
THE EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL:
  (A)  (1) PROVIDED THE EQUIPMENT OR TACK, AND KNEW OR SHOULD HAVE KNOWN
THAT THE  EQUIPMENT  OR TACK WAS FAULTY, AND SUCH EQUIPMENT OR TACK  WAS
FAULTY TO THE EXTENT THAT IT DID CAUSE THE INJURY; OR
  (2)  PROVIDED  THE  EQUINE  AND  FAILED TO MAKE REASONABLE AND PRUDENT
EFFORTS  TO DETERMINE THE ABILITY OF THE PARTICIPANT TO ENGAGE SAFELY IN
THE EQUINE ACTIVITY, AND DETERMINE THE ABILITY  OF  THE  PARTICIPANT  TO
SAFELY MANAGE THE PARTICULAR EQUINE BASED ON THE PARTICIPANT'S REPRESEN-
TATIONS OF HIS ABILITY;
  (B)  OWNS,  LEASES,  RENTS,  HAS  AUTHORIZED USE OF OR IS OTHERWISE IN
LAWFUL POSSESSION AND CONTROL OF THE LAND, OR FACILITIES UPON WHICH  THE
PARTICIPANT   SUSTAINED INJURIES BECAUSE OF A DANGEROUS LATENT CONDITION
WHICH WAS KNOWN OR SHOULD HAVE BEEN KNOWN TO THE EQUINE ACTIVITY SPONSOR
OR EQUINE PROFESSIONAL AND FOR WHICH WARNING SIGNS, PURSUANT TO  SECTION
18-305 OF THIS ARTICLE HAVE NOT BEEN CONSPICUOUSLY POSTED;
  (C)  COMMITS  AN  ACT  OR  OMISSION THAT CONSTITUTES WILLFUL OR WANTON
DISREGARD FOR THE SAFETY OF THE PARTICIPANT, AND THAT  ACT  OR  OMISSION
CAUSED THE INJURY;
  (D) INTENTIONALLY INJURES THE PARTICIPANT.

S. 4567                             5

  2.  THIS SECTION SHALL NOT APPLY TO THE HORSE RACING ACTIVITY  AUTHOR-
IZED PURSUANT  TO ARTICLE TWO, THREE OR FOUR OF THE RACING,  PARI-MUTUEL
WAGERING AND BREEDING LAW.
  S   18-304. LIMITATION OF LIABILITY.  1. EXCEPT AS PROVIDED IN  SUBDI-
VISION TWO OF SECTION 18-303 OF THIS ARTICLE, AN EQUINE  ACTIVITY  SPON-
SOR,  AN  EQUINE  PROFESSIONAL  OR ANY   OTHER   PERSON,   WHICH   SHALL
INCLUDE A LIMITED LIABILITY COMPANY, CORPORATION  OR PARTNERSHIP,  SHALL
NOT  BE  LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING
FROM  THE   INHERENT   RISKS   OF   EQUINE ACTIVITIES   AND,  EXCEPT  AS
PROVIDED  IN  SUBDIVISION  TWO  OF  SECTION  18-303  OF THIS ARTICLE, NO
PARTICIPANT NOR PARTICIPANT'S   REPRESENTATIVE   SHALL MAKE   ANY  CLAIM
AGAINST,  MAINTAIN  AN ACTION AGAINST OR RECOVER FROM AN EQUINE ACTIVITY
SPONSOR, AN EQUINE PROFESSIONAL OR ANY OTHER PERSON  FOR  INJURY,  LOSS,
DAMAGE  OR  DEATH OF THE PARTICIPANT RESULTING FROM ANY  OF THE INHERENT
RISKS OF EQUINE ACTIVITIES.
  2. NOTHING IN THIS  ARTICLE  SHALL  LIMIT  THE  APPLICATION    OF  THE
PROVISIONS OF SECTION 9-103 OF THIS CHAPTER.
  S  18-305.  POSTING  AND  NOTIFICATION. 1.   EVERY EQUINE PROFESSIONAL
SHALL POST AND MAINTAIN SIGNS WHICH CONTAIN THE WARNING NOTICE SPECIFIED
IN SUBDIVISION TWO OF THIS SECTION. SUCH SIGNS  SHALL  BE  PLACED  IN  A
CLEARLY  VISIBLE  LOCATION  IN THE PROXIMITY OF THE EQUINE ACTIVITY. THE
WARNING NOTICE SPECIFIED IN SUBDIVISION TWO OF THIS SECTION SHALL APPEAR
ON THE SIGN IN BLACK LETTERS, WITH EACH LETTER TO BE A  MINIMUM  OF  ONE
INCH IN HEIGHT. EVERY WRITTEN CONTRACT ENTERED INTO BY AN EQUINE PROFES-
SIONAL  FOR  THE PROVIDING OF PROFESSIONAL SERVICES, INSTRUCTION, OR THE
RENTAL OF EQUIPMENT OR TACK OR AN EQUINE TO A  PARTICIPANT,  WHETHER  OR
NOT  THE CONTRACT INVOLVES EQUINE ACTIVITIES ON OR OFF THE  LOCATION  OR
SITE OF THE EQUINE PROFESSIONAL'S BUSINESS,  SHALL  CONTAIN  IN  CLEARLY
READABLE  PRINT  THE WARNING NOTICE SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION.
  2. THE SIGNS AND  CONTRACTS  DESCRIBED  IN SUBDIVISION ONE   OF   THIS
SECTION SHALL CONTAIN THE FOLLOWING WARNING NOTICE:
                                 WARNING
  UNDER  NEW YORK LAW, AN EQUINE PROFESSIONAL OR EQUINE ACTIVITY SPONSOR
IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE
ACTIVITIES  RESULTING FROM  THE  INHERENT  RISKS  OF  EQUINE ACTIVITIES,
PURSUANT TO SECTION 18-304 OF THE GENERAL OBLIGATIONS LAW.
  S 3. This act shall take effect immediately; provided,  however,  that
the provisions of section two of this act shall take effect on the nine-
tieth  day  after it shall have become a law; and provided further, that
the provisions of  this  act  shall  apply  only  to  causes  of  action
commenced on or after the effective date of each applicable section.