senate Bill S3283

2013-2014 Legislative Session

Provides for certain uses of premises for which no duty is owed to keep premises safe

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 31, 2013 referred to judiciary

S3283 - Bill Details

See Assembly Version of this Bill:
A6069
Current Committee:
Law Section:
General Obligations Law
Laws Affected:
Amd ยง9-103, Gen Ob L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4645, A7153
2009-2010: S1030, A2958

S3283 - Bill Texts

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Provides that the owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others engaged generally in recreational activities.

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BILL NUMBER:S3283

TITLE OF BILL: An act to amend the general obligations law, in
relation to the duty to keep premises safe for certain uses

PURPOSE: To ensure that the law applies in the case of newly
developed uses and uses not listed in the original act.

SUMMARY OF PROVISIONS: This bill adds to the list of specific
activities enumerated in GOL section 9-103 1.a, a generic description
of these activities to encompass similar activities which have been
developed, and new activities of a similar nature which continue to be
developed periodically.

In subdivision 2, paragraphs band c contain references to the above
list of activities. This bill makes technical changes in these
references to conform with the changes in subsection 1, noted above,
by changing the term "activities enumerated" to "activities
described."

JUSTIFICATION: The list of activities which appear in this
recreational use statute is incomplete. Because of this, the law has
failed to exempt landowners from liability for the actions of those
engaged in activities similar to those listed, but not included in the
activities enumerated. Further, since new activities periodically are
developed, the law would continually be inadequate if specific
activities are periodically added to the list. Some examples of
activities which the law fails to address are ice boating, snow
boarding, sail boarding}ballooning, training birds for falconry, rock
climbing, running, rock collecting, bottle collecting, nature study,
bird watching, photography, and drawing or painting, as well as a host
of aquatic activities.

The present law has been judged not to encompass ice sailboat racing
while it does cover liability for sledding and boating. Similarly, a
landowner would presumably be protected against liability for use by
hunters but not birdwatchers; subterranean rock climbers
("speleological activities") but not above-ground rock climbers; hang
gliders but not balloonists; dirt bikers but not runners; etc. The
addition of the generic description of "recreational" activities will
provide more equitable protection to landowners.

LEGISLATIVE HISTORY: 2049: S.1030, A.2958

FISCAL IMPLICATIONS: The courts have indicated that this law does
apply to relatively undeveloped publicly-owned property. Thus, the
protection afforded landowners, both public and private, should be
enhanced by this amendment, possibly resulting in reduced legal and
insurance costs.

EFFECTIVE DATE: Immediately.

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

                                  3283

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by  Sen.  O'MARA -- 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

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

  Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
al obligations law, as separately amended by chapters 141 and 286 of the
laws of 1984, is amended to read as follows:
  a. an owner, lessee or occupant of premises, whether or not posted  as
provided  in section 11-2111 of the environmental conservation law, owes
no duty to keep the premises safe for entry or use by others  for  hunt-
ing,  fishing, organized gleaning as defined in section seventy-one-y of
the agriculture and markets law, canoeing,  boating,  trapping,  hiking,
cross-country  skiing,  tobogganing, sledding, speleological activities,
horseback riding, bicycle riding, hang gliding, motorized vehicle opera-
tion for recreational purposes, snowmobile operation, cutting or gather-
ing of wood for non-commercial purposes [or], training of dogs OR  OTHER
RECREATIONAL  ACTIVITIES,  or to give warning of any hazardous condition
or use of or structure or activity on such premises to persons  entering
for such purposes;
  S  2.  Paragraphs  b  and  c  of subdivision 2 of section 9-103 of the
general obligations law, as amended by chapter 408 of the laws of  1979,
are amended to read as follows:
  b.  for  injury suffered in any case where permission to pursue any of
the activities [enumerated] DESCRIBED in this section was granted for  a
consideration  other  than the consideration, if any, paid to said land-
owner by the state or federal government, or permission  to  train  dogs
was  granted for a consideration other than that provided for in section
11-0925 of the environmental conservation law; or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08531-01-3

S. 3283                             2

  c. for injury caused, by acts of persons to whom permission to  pursue
any  of the activities [enumerated] DESCRIBED in this section was grant-
ed, to other persons as to whom the person granting permission,  or  the
owner, lessee or occupant of the premises, owed a duty to keep the prem-
ises safe or to warn of danger.
  S 3.  This act shall take effect immediately.

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