S T A T E O F N E W Y O R K
________________________________________________________________________
6572
2009-2010 Regular Sessions
I N A S S E M B L Y
March 6, 2009
___________
Introduced by M. of A. BURLING, CROUCH, TOWNSEND, FINCH -- Multi-Spon-
sored by -- M. of A. MAGEE -- read once and referred 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 the inherent risk for use of
off highway recreational vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph a of subdivision 1 of section 9-103 of the gener-
2 al obligations law, as separately amended by chapters 141 and 286 of the
3 laws of 1984, is amended to read as follows:
4 a. an owner, lessee or occupant of premises, whether or not posted as
5 provided in section 11-2111 of the environmental conservation law, owes
6 no duty to keep the premises safe for entry or use by others for hunt-
7 ing, fishing, organized gleaning as defined in section seventy-one-y of
8 the agriculture and markets law, canoeing, boating, trapping, hiking,
9 cross-country skiing, tobogganing, sledding, speleological activities,
10 horseback riding, bicycle riding, hang gliding, [motorized vehicle oper-
11 ation for recreational purposes, snowmobile operation,] cutting or gath-
12 ering of wood for non-commercial purposes [or], training of dogs OR
13 OTHER RECREATIONAL ACTIVITIES, or to give warning of any hazardous
14 condition or use of or structure or activity on such premises to persons
15 entering for such purposes;
16 S 2. Paragraphs b and c of subdivision 2 of section 9-103 of the
17 general obligations law, as amended by chapter 408 of the laws of 1979,
18 are amended to read as follows:
19 b. for injury suffered in any case where permission to pursue any of
20 the activities [enumerated] DESCRIBED in this section was granted for a
21 consideration other than the consideration, if any, paid to said land-
22 owner by the state or federal government, or permission to train dogs
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06276-01-9
A. 6572 2
1 was granted for a consideration other than that provided for in section
2 11-0925 of the environmental conservation law; or
3 c. for injury caused, by acts of persons to whom permission to pursue
4 any of the activities [enumerated] DESCRIBED in this section was grant-
5 ed, to other persons as to whom the person granting permission, or the
6 owner, lessee or occupant of the premises, owed a duty to keep the prem-
7 ises safe or to warn of danger.
8 S 3. The general obligations law is amended by adding a new section
9 9-107 to read as follows:
10 S 9-107. INHERENT RISK FOR USE OF OFF HIGHWAY RECREATIONAL VEHICLES.
11 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
12 MEANINGS:
13 A. "OFF HIGHWAY RECREATIONAL VEHICLE" SHALL MEAN ANY MECHANICALLY
14 PROPELLED VEHICLE USED FOR PLEASURE OR RECREATIONAL PURPOSES RUNNING ON
15 RUBBER TIRES, BELTS, CLEATS, TRACKS, SKIS OR CUSHION OF AIR AND DEPEND-
16 ENT ON THE GROUND OR SURFACE FOR TRAVEL, OR OTHER UNIMPROVED TERRAIN
17 WHETHER COVERED BY ICE OR SNOW OR NOT, WHERE THE OPERATOR SITS IN OR ON
18 THE VEHICLE.
19 B. "OHRV" SHALL MEAN OFF HIGHWAY RECREATIONAL VEHICLE.
20 C. "POSTED LAND" SHALL MEAN AN APPROPRIATE SIGN WITH THE DESIGNATED
21 SYMBOL OR WARNING TO BE LEGIBLE AT A DISTANCE OF FIFTY FEET INDICATING
22 THAT USE OF SUCH LAND IS PROHIBITED FOR THE PURPOSE SO SPECIFIED.
23 2. IT IS RECOGNIZED THAT OHRV OPERATION MAY BE DANGEROUS AND ANY
24 PERSON WHO ENGAGES IN SUCH ACTIVITY FACES AN INHERENT RISK OF INJURY.
25 ACCORDINGLY, ANY PERSON WHO IS AN OPERATOR OR PASSENGER ON AN OHRV
26 ACCEPTS, AS A MATTER OF LAW, THE DANGERS INHERENT IN SUCH ACTIVITY, AND
27 SHALL BE PROHIBITED FROM MAINTAINING AN ACTION, AND NO CAUSE OF ACTION
28 SHALL ACCRUE AGAINST ANY OWNER, LESSEE, OR OCCUPANT OF LAND FOR ANY
29 INJURIES WHICH RESULT FROM SUCH INHERENT RISKS, DANGERS, OR HAZARDS. THE
30 CATEGORIES OF SUCH RISKS, DANGERS, OR HAZARDS WHICH THE OHRV USER
31 ASSUMES AS A MATTER OF LAW INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOW-
32 ING: VARIATIONS IN TERRAIN, TRAILS, PATHS, OR ROADS; OR SURFACE OR
33 SUBSURFACE SNOW OR ICE CONDITIONS, BARE SPOTS, ROCKS, TREES, STUMPS, AND
34 OTHER FORMS OF FOREST GROWTH OR DEBRIS, STRUCTURES ON THE LAND, EXISTING
35 OR CHANGING WEATHER CONDITIONS, EQUIPMENT NOT IN USE, POLE LINES, FENC-
36 ES, AND COLLISIONS WITH OTHER OPERATORS OR PERSONS.
37 3. AN OWNER MAY MAINTAIN POSTED LAND ON ALL OR ANY PORTION OF THE
38 OWNER'S LAND AGAINST USE BY AN OHRV; HOWEVER, FAILURE OF AN OWNER TO
39 MAINTAIN POSTED LAND AS PROVIDED IN THIS SECTION SHALL NOT BE CONSTRUED
40 AS GRANTING ANY LICENSE TO USERS OF OHRVS TO ENTER SUCH LAND, NOR SHALL
41 SUCH FAILURE BE CONSTRUED AS IMPLYING ANY DUTY OF CARE TO THE USER OF AN
42 OHRV BY THE OWNER.
43 4. THIS SECTION SHALL NOT LIMIT THE LIABILITY WHICH WOULD OTHERWISE
44 EXIST:
45 A. FOR INJURY SUFFERED IN ANY CASE WHERE PERMISSION TO PURSUE OHRV
46 ACTIVITIES WAS GRANTED FOR A CONSIDERATION; OR
47 B. FOR INJURIES CAUSED BY WILLFUL OR MALICIOUS ACTS PERFORMED BY AN
48 OWNER, LESSEE, OR OCCUPANT OF LAND INTENDED OR SUBSTANTIALLY LIKELY TO
49 CAUSE INJURY OR HARM TO OPERATORS OR PASSENGERS OF AN OHRV.
50 S 4. This act shall take effect immediately.