S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5726
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by  M.  of  A.  HAWLEY,  J. M. GIGLIO, PALMESANO, MONTESANO,
   DiPIETRO, SALKA -- Multi-Sponsored by -- M. of A. BARCLAY -- read once
   and referred 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:
   § 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02168-01-1

 A. 5726                             2
 
 OCCUPANT OR OTHER PERSONS. IF PROPERTY  CONTAINS  BOTH  UNDEVELOPED  AND
 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

 A. 5726                             3
 
 or occupant of the premises, owed a duty to keep the premises safe or to
 warn of danger.
   [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.
   §  2.  The  general obligations law is amended by adding a new article
 18-C to read as follows:
                               ARTICLE 18-C
                        EQUINE ACTIVITY SAFETY CODE
 SECTION 18-401. SHORT TITLE.
         18-402. DEFINITIONS.
         18-403. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.
         18-404. LIMITATION OF LIABILITY.
         18-405. POSTING AND NOTIFICATION.
   § 18-401. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "EQUINE ACTIVITY SAFETY CODE ACT".
   § 18-402. 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.

 A. 5726                             4
 
   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, ORGANIZES
 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 PROMO-
 TERS 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.
   § 18-403. LIABILITY OF  PERSONS  INVOLVED  IN  EQUINE  ACTIVITIES.  1.
 NOTHING  IN  SECTION  18-404  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
 18-405 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;

 A. 5726                             5
 
   (D) INTENTIONALLY INJURES THE PARTICIPANT.
   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.
   §  18-404.  LIMITATION OF LIABILITY. 1. EXCEPT AS PROVIDED IN SUBDIVI-
 SION TWO OF SECTION 18-403 OF THIS ARTICLE, AN EQUINE ACTIVITY  SPONSOR,
 AN EQUINE PROFESSIONAL OR ANY OTHER PERSON, WHICH SHALL INCLUDE A LIMIT-
 ED  LIABILITY  COMPANY,  CORPORATION OR PARTNERSHIP, SHALL NOT BE LIABLE
 FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHER-
 ENT RISKS OF EQUINE ACTIVITIES AND, EXCEPT AS  PROVIDED  IN  SUBDIVISION
 TWO  OF SECTION 18-403 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.
   § 18-405. 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 18-404 OF THE GENERAL OBLIGATIONS LAW.
   § 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.