S T A T E O F N E W Y O R K
________________________________________________________________________
6034
2009-2010 Regular Sessions
I N A S S E M B L Y
February 24, 2009
___________
Introduced by M. of A. KOON -- read once and referred to the Committee
on Judiciary
AN ACT to amend the general obligations law, in relation to limiting the
civil liability of farm or "u-pick" operations and to enact 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 is amended by
adding a new subdivision 1-a to read as follows:
1-A. 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. Legislative intent. The legislature hereby finds that horse-
back riding is both a major recreational sport and a major industry
within the state of New York. The legislature further finds: (1) that
horseback riding, like many other sports, contains inherent risks
including, but not limited to, the risks of personal injury or death or
property damage, which may be caused by the propensity of equines to
behave in ways not always controllable by the participant; the unpre-
dictability of an equine's reaction to such things as sounds, sudden
movements, and unfamiliar objects, persons, or other animals; surface or
subsurface conditions; collisions with other equines or objects; and the
potential of a participant to act in a negligent manner; (2) that it is
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02500-01-9
A. 6034 2
appropriate, as well as in the public interest, to establish certain
duties and obligations of equine sponsors and equine professionals rela-
tive to the safety of the horseback riding public; and (3) that it is
also necessary and appropriate that the public become apprised of, and
understand, the risks inherent in the sport of horseback riding so that
they may make an informed decision of whether or not to participate in
horseback riding notwithstanding the risks. Therefore, the purpose and
intent of this article is to establish guidelines for the conduct of the
participants, sponsors and professionals involved in the sport of horse-
back riding; to educate the public as to the inherent risks in the sport
of horseback riding so as to minimize the risk of injury to persons
engaged in the sport of horseback riding; to promote safety in the
horseback riding industry, and to preserve the financial sustainability
of the equine sponsors and equine professionals engaged in the horseback
riding industry.
S 3. 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 MAY BE CITED AND SHALL BE KNOWN
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 OR HERSELF
IN AN UNAUTHORIZED AREA OR IN IMMEDIATE PROXIMITY TO THE EQUINE ACTIV-
ITY.
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.
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4. "EQUINE ACTIVITY SPONSOR" MEANS AN INDIVIDUAL, GROUP, CLUB, PART-
NERSHIP, OR CORPORATION, WHETHER OR NOT THE SPONSOR IS OPERATING FOR
PROFIT OR NONPROFIT, WHICH SPONSORS, ORGANIZES, OR PROVIDES THE FACILI-
TIES FOR, AN EQUINE ACTIVITY, INCLUDING BUT NOT LIMITED TO: PONY CLUBS,
4-H CLUBS, HUNT CLUBS, RIDING CLUBS, SCHOOL AND COLLEGE-SPONSORED CLASS-
ES, PROGRAMS AND ACTIVITIES, THERAPEUTIC RIDING PROGRAMS, STABLE AND
FARM OWNERS AND OPERATORS, INSTRUCTORS, AND PROMOTERS OF EQUINE FACILI-
TIES, 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 OR HER 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 SUBDIVI-
SION FOUR OF SECTION 18-302 OF THIS ARTICLE HAVE NOT BEEN CONSPICUOUSLY
POSTED;
(C) COMMITS AN ACT OF OMISSION THAT CONSTITUTES WILLFUL OR WANTON
DISREGARD FOR THE SAFETY OF THE PARTICIPANT, AND THAT ACT OF OMISSION
CAUSED THE INJURY;
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(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.
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 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 REPRE-
SENTATIVE 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 4. Severability. If any section, part or provision of this act shall
be declared unconstitutional, invalid or ineffective by any court of
competent jurisdiction, such declaration shall be limited to the
section, part or provision directly involved in any such controversy in
which such declaration was made and shall not affect any other section,
part or provision thereof.
S 5. This act shall take effect immediately, provided, however, that
section three of this act shall take effect on the ninetieth day after
it shall have become a law.