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.
Summary
Bill A00314 amends the general obligations law to clarify that owners, lessees, or occupants of premises do not have a duty to keep their property safe for individuals engaging in various recreational activities. These activities include hunting, fishing, hiking, boating, and other similar pursuits. The bill aims to provide legal protection to property owners from liability for injuries that may occur during these activities, as long as they have granted permission for such activities to take place.
Impact
If enacted, this bill would significantly alter the liability landscape for property owners in New York, particularly those who allow public access to their land for recreational purposes. By limiting the duty of care owed to individuals participating in these activities, the bill could reduce the number of lawsuits against property owners for injuries sustained on their premises during recreational use. This change may encourage more landowners to open their properties for public recreational use, potentially increasing outdoor activities and tourism.
Sentiment
The sentiment surrounding Bill A00314 appears to be mixed. Supporters argue that it encourages outdoor recreation and protects property owners from undue liability, while opponents express concern that it may lead to unsafe conditions for individuals engaging in recreational activities. The bill was held for consideration by the Assembly Judiciary Committee, indicating ongoing debate and scrutiny.
Contention
Notable points of contention include concerns from safety advocates who argue that the bill could lead to increased injuries due to a lack of responsibility from property owners. Supporters of the bill, including some property owners and recreational groups, argue that it is necessary to promote outdoor activities without the fear of litigation. The division appears to be between those prioritizing liability protection for landowners and those advocating for safety measures for recreational users.
Relates to the liability of landowners who permit recreational uses of their land; establishes landowners owe no duty to keep premises safe for entry, passage over premises or other recreational uses or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes.
Relates to the liability of landowners who permit recreational uses of their land; establishes landowners owe no duty to keep premises safe for entry, passage over premises or other recreational uses or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes.
Removes liability for the death of a person caused by any act of persons permitted to use certain premises; removes liability from the owner, lessee or occupant of premises adjacent to such premises.
Amending the act of February 2, 1966 (1965 P.L.1860, No.586), entitled "An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts," further providing for definitions, for duty to keep premises safe and warning and for assurance of safe premises and duty of care and responsibility and liability.
Clarifies that certain beach owners and lessees have no duty to keep beach safe or to warn of hazards; provides immunity from liability, in certain cases, for injuries occurring on beach or in adjacent waters.
Clarifies that certain beach owners and lessees have no duty to keep beach safe or to warn of hazards; provides immunity from liability, in certain cases, for injuries occurring on beach or in adjacent waters.