Provides that there is no duty to keep premises safe for persons engaging in noncommercial aviation.
Summary
This bill amends New York’s General Obligations Law section 9-103 to add “noncommercial aviation” to the list of recreational activities for which landowners, lessees, and occupants owe no duty to keep premises safe for entry or use. The existing statute already limits liability for people entering land for activities such as hunting, fishing, boating, hiking, skiing, horseback riding, bicycling, hang gliding, snowmobiling, and similar recreational uses. By adding noncommercial aviation, the bill extends the same liability protections to property owners when their land is used for private, noncommercial flying-related activities.
The practical effect is to reduce premises-liability exposure for owners and occupants of land used by pilots or other participants in noncommercial aviation. It does not create an affirmative right of access, but it does limit the duty to warn or make the property safe for those entering for that purpose. The bill takes effect immediately if enacted.
Impact
The bill would amend General Obligations Law § 9-103, which provides landowners immunity from ordinary negligence duties for certain recreational uses of land. Adding noncommercial aviation would place that activity within the statute’s liability-limiting framework, affecting property owners, lessees, and occupants whose land may be used for takeoffs, landings, or related noncommercial aviation activities. It would likely reduce the risk of premises-liability claims tied to hazards on such property, while leaving other legal duties and any separate aviation or trespass laws unchanged.
Sentiment
Based on the bill text and available context, the measure appears straightforward and supportive of expanding recreational-use liability protections. There are no recorded committee transcripts or votes showing opposition or debate, so the available record suggests a neutral-to-positive legislative posture focused on clarifying and extending existing landowner protections rather than creating a controversial new policy.
Contention
No specific points of contention are documented in the provided materials. The main policy issue implied by the bill is the balance between protecting landowners from liability and ensuring safety for people engaging in noncommercial aviation on private property. Potential concerns, if raised, would likely come from property owners worried about unwanted access or from aviation users concerned about safety and liability, but no such objections appear in the available record.
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.
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.