|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Feb 07, 2013||referred to judiciary|
senate Bill S3619
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3619 - Details
S3619 - Summary
Relates to the liability of land owners, lessees and occupants to trespassers; provides liability in certain instances of injury to children.
S3619 - Sponsor Memo
BILL NUMBER:S3619 TITLE OF BILL: An act to amend the real property law, in relation to the duty of land possessors to those who trespass PURPOSE: The purpose of this act is to prevent trespassers from being elevated to the same legal status as non-trespassers in situations where tort law previously treated trespassers differently out of respect for the rights of property owners and sound public policy. SUMMARY OF PROVISIONS: Section 1 codifies the longstanding liability rule across the country that a land possessor owes no duty of care to a trespasser except to refrain from causing: harm to a trespasser by an intentional, unlawful, willful, or wanton act This rule is derived from the Restatement (Second) of Torts § 333 (1965), which the vast majority of states apply. It is also consistent with New York common law prior to the state's adoption of a unitary standard of reasonable care. See Beauchamp v. New York City Housing Auth., 190 N.E.2d 412, 415 (N.Y. 1963) ("Under the common-law authori- ties in this State an owner's only responsibility with respect to tres- passers. intentional injuries.") (internal citation omitted). A land possessor may continue to use justifiable force to repel a crimi-
S3619 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3619 2013-2014 Regular Sessions I N S E N A T E February 7, 2013 ___________ Introduced by Sen. SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to the duty of land possessors to those who trespass THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new article 11 to read as follows: ARTICLE 11 LAND POSSESSOR LIABILITY TO TRESPASSERS SECTION 350. LIABILITY OF LAND POSSESSOR TO TRESPASSER; EXCEPTIONS. S 350. LIABILITY OF LAND POSSESSOR TO TRESPASSER; EXCEPTIONS. 1. A POSSESSOR OF LAND, INCLUDING AN OWNER, LESSEE, OR OTHER OCCUPANT, OR AN AGENT OF SUCH PERSON OR ENTITY, OWES NO DUTY OF CARE TO A TRESPASSER EXCEPT TO REFRAIN FROM HARMING THE TRESPASSER BY AN INTENTIONAL, WILL- FUL, OR WANTON ACT. A LAND POSSESSOR MAY USE JUSTIFIABLE FORCE TO REPEL A CRIMINAL TRESPASSER AS PROVIDED BY SECTIONS 35.20 AND 35.25 OF THE PENAL LAW. 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A POSSESSOR OF LAND MAY BE SUBJECT TO LIABILITY FOR PHYSICAL INJURY OR DEATH TO A TRES- PASSER IF: (A) THE PHYSICAL INJURY OR DEATH IS TO A CHILD TRESPASSER AND RESULTS FROM AN ARTIFICIAL CONDITION WHERE: (1) THE POSSESSOR KNEW OR HAD REASON TO KNOW THAT CHILDREN WERE LIKELY TO TRESPASS AT THE LOCATION OF THE CONDITION; (2) THE CONDITION IS ONE THE POSSESSOR KNEW OR REASONABLY SHOULD HAVE KNOWN INVOLVED AN UNREASONABLE RISK OF DEATH OR SERIOUS BODILY HARM TO SUCH CHILDREN; (3) THE INJURED CHILD DID NOT DISCOVER THE CONDITION OR REALIZE THE RISK INVOLVED IN THE CONDITION OR COMING WITHIN THE AREA MADE DANGEROUS BY IT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04927-01-3
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