Assembly Bill A1795

2009-2010 Legislative Session

Limits civil liability of public entities for injuries sustained at public recreational facilities

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1795 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add Art 4-A ยงยง60 - 62, Gen Muni L
Versions Introduced in 2011-2012 Legislative Session:
A2878

2009-A1795 (ACTIVE) - Summary

Provides that causes of action against public entities for injuries sustained on or in public recreational facilities shall be allowed only if such injuries arose from wanton, willful or gross negligence on the part of the public entities or operators; applies to actions for personal injury, injury to property or wrongful death.

2009-A1795 (ACTIVE) - Bill Text download pdf 

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

                                  1795

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced  by  M. of A. CALHOUN, CROUCH, THIELE, TEDISCO -- Multi-Spon-
  sored by -- M. of A.  FINCH, MILLER -- read once and referred  to  the
  Committee on Local Governments

AN  ACT  to  amend  the  general  municipal law, in relation to limiting
  liability of public entities for injuries sustained on  or  in  public
  recreational facilities

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

  Section 1. The general municipal law is amended by adding a new  arti-
cle 4-A to read as follows:
                                ARTICLE 4-A
                      LIABILITY OF PUBLIC ENTITIES
SECTION 60. DEFINITIONS.
        61. APPLICATION.
        62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
              PUBLIC RECREATIONAL FACILITIES.
  S 60. DEFINITIONS. AS USED IN THIS ARTICLE:
  1.  "PUBLIC  ENTITY"  MEANS  (A)  A COUNTY, CITY, TOWN, VILLAGE OR ANY
OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE STATE; (B) A SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR ANY OTHER GOVERN-
MENTAL ENTITY OR COMBINATION OR  ASSOCIATION  OF  GOVERNMENTAL  ENTITIES
OPERATING  A  PUBLIC SCHOOL, COLLEGE OR COMMUNITY COLLEGE OR UNIVERSITY,
EXCEPT A STATE UNIVERSITY; (C) A PUBLIC IMPROVEMENT OR SPECIAL  DISTRICT
OR DISTRICT CORPORATION; (D) A PUBLIC BENEFIT CORPORATION; (E) A MUNICI-
PAL  HOUSING AUTHORITY; OR (F) ANY OTHER PUBLIC CORPORATION OR POLITICAL
SUBDIVISION OF THE STATE.
  2. "OPERATOR" MEANS A PERSON OR PERSONS UNDER CONTRACT WITH  A  PUBLIC
ENTITY  TO  PROVIDE  FOR  THE OPERATION, MAINTENANCE OR BOTH OF A PUBLIC
RECREATIONAL FACILITY.
  3. "PUBLIC RECREATIONAL FACILITY" MEANS A FACILITY OWNED BY  A  PUBLIC
ENTITY  FOR  THE USE OF THE GENERAL PUBLIC AS SPECTATORS OR PARTICIPANTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02247-01-9

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