Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".
Summary
Bill A02320 aims to amend the General Obligations Law in New York to limit the liability of property owners, particularly those involved in agricultural activities and equine activities. It establishes that owners of undeveloped land or land used for agricultural production owe no duty to keep their premises safe for recreational use, thereby encouraging landowners to make their property available for public use without the fear of legal repercussions from injuries. Additionally, the bill introduces the 'Equine Activity Safety Code Act,' which outlines the responsibilities and liabilities of equine activity sponsors and professionals, emphasizing that they are not liable for injuries resulting from inherent risks associated with equine activities, provided certain conditions are met.
Impact
The bill significantly alters the landscape of liability for property owners in New York, particularly those involved in agriculture and equine activities. By limiting liability, it encourages more landowners to allow public access for recreational purposes, potentially increasing outdoor activities and agricultural tourism. The introduction of the Equine Activity Safety Code Act further clarifies the legal framework surrounding equine activities, which may lead to increased participation in such activities due to reduced liability concerns for sponsors and professionals.
Sentiment
The sentiment surrounding Bill A02320 appears to be generally supportive among agricultural and equine communities, as it addresses concerns about liability that have historically deterred landowners from allowing public access to their properties. However, there may be concerns from advocacy groups focused on public safety and injury rights, who may argue that the bill could lead to reduced accountability for property owners in cases of negligence.
Contention
Notable points of contention include the balance between encouraging land use for recreational purposes and ensuring public safety. Critics may argue that limiting liability could lead to negligence on the part of landowners, potentially putting the public at risk. Supporters, particularly from the agricultural and equine sectors, contend that the bill is necessary to protect landowners from excessive litigation and to promote outdoor activities.
Same As
Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".
Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".
Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".
Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.
Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.
To Amend The Definition Of "recreational Purpose" As Used In Relation To The Liability Of A Property Owner Who Makes Land Available To The Public For Recreational Purposes.
Includes "custom farm operators" within the definition of "eligible farmer"; defines such term as an independent contractor who performs specific agricultural tasks including, but not limited to, tilling, planting, spraying, or harvesting, using their own machinery and labor for a set fee, typically without taking ownership of the crop.
Includes certain land that is owned or rented as a farm operation for the production for sale of crops, livestock or livestock products as land used in agricultural production.