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 S01607 aims to amend the general obligations law in New York by limiting the liability of property owners, particularly those involved in agricultural production and equine activities. It introduces the 'Equine Activity Safety Code Act,' which defines the responsibilities of equine activity sponsors and professionals, and clarifies that they are not liable for injuries resulting from inherent risks associated with equine activities. The bill also expands the definition of undeveloped premises, allowing property owners to offer their land for recreational use without the obligation to ensure safety, thereby encouraging public access to these areas.
Impact
The bill modifies existing liability laws to provide greater protection for property owners, particularly in rural and agricultural contexts. By limiting the duty of care owed by owners of undeveloped land and agricultural properties, it reduces the potential for lawsuits stemming from recreational activities. The introduction of the Equine Activity Safety Code Act further delineates the responsibilities and liabilities of those involved in equine activities, potentially leading to increased participation in such activities while simultaneously protecting sponsors and professionals from litigation.
Sentiment
The general sentiment surrounding Bill S01607 appears to be supportive among stakeholders in the agricultural and equine sectors, as it addresses concerns about liability and encourages land use for recreational purposes. However, there may be apprehension from safety advocates and individuals who believe that limiting liability could lead to unsafe conditions for users of these properties.
Contention
Notable points of contention include concerns from safety advocates regarding the potential risks to individuals engaging in recreational activities on undeveloped land. Critics argue that the bill may encourage negligence among property owners, while supporters contend that it is necessary to promote public access to recreational spaces without the fear of excessive liability.
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.