Assembly Bill A4769

2017-2018 Legislative Session

Relates to the liability of land owners to trespassers

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A4769 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 11 §350, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A7590
2013-2014: A4824
2015-2016: A1760

2017-A4769 (ACTIVE) - Summary

Relates to the liability of land owners, lessees and occupants to trespassers; provides liability in certain instances of injury to children.

2017-A4769 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4769
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M. of A. MAGEE, SCHIMMINGER -- read once and referred 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.
   § 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.
              

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