|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Mar 11, 2011||referred to judiciary|
senate Bill S4002
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4002 - Details
S4002 - Summary
Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".
S4002 - Sponsor Memo
BILL NUMBER:S4002 TITLE OF BILL: 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" PURPOSE OR GENERAL IDEA OF BILL: To expand the scope of the law to include all recreational activities, rather than only those specifically identified in the statute. The bill win correct the litigious environment created by the present tort system which has raised to cost of insurance premiums to unreasonably high levels and needs to be reformed. SUMMARY OF SPECIFIC PROVISIONS: Section 1 - amends Section 9-103 of the General Obligations Law ("GOL") by adding a new subdivision 1-a to limit liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products. The farmer or "u-pick" operation is only liable in those cases where the injuries are caused by a condition involving an unreasonable risk of harm when: (a) the owner/operator knew, or should have known, about the condition or risk; and (b) the owner/operator
S4002 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4002 2011-2012 Regular Sessions I N S E N A T E March 11, 2011 ___________ Introduced by Sens. RANZENHOFER, LARKIN, MAZIARZ -- 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02589-01-1
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