senate Bill S795

2011-2012 Legislative Session

Establishes parameters of civil liability for persons involved in equine activities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 05, 2011 referred to judiciary

S795 - Details

See Assembly Version of this Bill:
A10014
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Add Art 18-B ยงยง18-301 - 18-305, Gen Ob L
Versions Introduced in 2009-2010 Legislative Session:
S2412, A6032

S795 - Summary

Enacts the "equine activity safety code act"; provides that an equine activity sponsor, an equine professional, or any other person, which shall include a 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, except under certain circumstances.

S795 - Sponsor Memo

S795 - Bill Text download pdf

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

                                   795

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  liabil-
  ity of persons involved in equine activities

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

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
horseback 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, death or
property damage, which may be caused by the  propensity  of  equines  to
behave  in ways that are not always controllable by the participant; the
unpredictability 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 appropriate, as well as in the  public  interest,
to  establish  certain  duties  and  obligations  of equine sponsors and
equine professionals relative 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 wheth-
er or not to participate in horseback riding notwithstanding the  risks.
Therefore, the purpose and intent of this act is to establish guidelines
for the conduct of the participants, sponsors and professionals involved
in the sport of horseback riding; to educate the public as to the inher-
ent 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

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

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