S T A T E O F N E W Y O R K
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1795
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
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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
A. 1795 2
IN RECREATION ACTIVITIES INCLUDING, BUT NOT LIMITED TO, SKIING, GOLFING,
SWIMMING, TENNIS, ICE SKATING OR ICE HOCKEY FACILITIES, TOGETHER WITH
ALL BUILDINGS, STRUCTURES, MACHINERY, EQUIPMENT, FACILITIES AND APPURTE-
NANCES THERETO.
S 61. APPLICATION. THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO ALL
CAUSES OF ACTION FOR PERSONAL INJURY, INJURY TO PROPERTY OR WRONGFUL
DEATH AGAINST A PUBLIC ENTITY.
S 62. LIABILITY OF PUBLIC ENTITIES FOR INJURIES SUSTAINED ON OR IN
PUBLIC RECREATIONAL FACILITIES. IN ORDER TO ENCOURAGE THE GRANTING OF
ACCESS TO PUBLIC RECREATIONAL FACILITIES, IT IS HEREBY DECLARED THAT USE
BY THE PUBLIC OF SUCH FACILITIES INCLUDES AN ASSUMPTION OF RISK BY THE
USER. NOTWITHSTANDING THE PROVISIONS OF SECTION 5-326 OF THE GENERAL
OBLIGATIONS LAW, ACTIONS FOR INJURIES SUSTAINED ON OR IN PUBLIC RECRE-
ATIONAL FACILITIES, INCLUDING EQUIPMENT, DEVICES, ATTRACTIONS, RIDES OR
OTHERWISE, SHALL BE ALLOWED ONLY IF SUCH INJURIES AROSE FROM WILLFUL,
WANTON OR GROSS NEGLIGENCE ON THE PART OF THE PUBLIC ENTITY OR OPERATOR.
S 2. This act shall take effect immediately and shall apply to all
causes of action commenced on or after such effective date.