BILL NUMBER: S1607
SPONSOR: BORRELLO
 
TITLE OF BILL:
An act to amend the general obligations law, in relation to the duty to
keep premises safe for certain uses and enacting the "equine activity
safety code act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To expand the scope of the law to include all recreational activities,
rather than only those specifically identified in the statute. The bill
will correct the litigious environment created by the present tort
system which has raised to cost of insurance premiums to unreasonably
high levels and needs to be reformed.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 9-103 of the General Obligations Law ("GOL") by
adding a new subdivision 1-a to limit liability of a farm or "u-pick"
operation for injuries incurred while a person was picking and buying
agricultural products. The farmer or "u-pick" operation is only liable
in those cases where the injuries are caused by a condition involving an
unreasonable risk of harm when: (a) the owner/operator knew, or should
have known, about the condition or risk; and (b) the owner/operator
either failed to take reasonable care to make the condition safe or to
provide a warning.
Section 2 amends the GOL by adding a new article 18-B to establish an
"Equine Activity Safety Code," hereinafter "Code." The Code provides an
exemption from liability of a horse facility operator for an injury of a
participant in horse riding offered by the facility if the injury
results from the inherent risks of equine activities. This exemption
does not apply and liability will attach if one of the following five
criteria are met:
(1) the horse facility operator ("operator") provided the equipment, the
operator knew or should have known that the equipment was faulty, and
the faulty equipment caused the injury; (2) the operator provided the
equine (horse, pony, mule or donkey) and failed to reasonably determine
both the participant's ability to safely engage in the equine activity
and such participant's ability to manage the particular equine; (3) the
equine participant sustains injuries due to a dangerous latent condition
on the operator's land or facilities that the operator knew, or should
have known, about; (4) the operator acts, or fails to act, in a manner
constituting willful or wanton disregard for the participant's safety;
or (5) the operator intentionally injures the participant
 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Existing law encourages excessive litigation and a concomitant drain on
public and private resources. This bill restores balance to the civil
justice system.
 
JUSTIFICATION:
Landowner Recreational Liability: Currently, section 9-103 of-the Gener-
al Obligations Law extends to some landowners a limited immunity from
liability to keep premises safe by the use of others for a series of
enumerated, recreational activities. The existing law would be strength-
ened under this bill by reaffirming the legislature's intent, incorpo-
rating specific definitions of lands used in agricultural production and
undeveloped premises, specifying that the statute applies to these types
of properties (whether or not a farm) and expanding the scope of the law
to include all recreational activities, rather than only those specif-
ically identified in the statute.
Farm U-Pick and Horseback Riding Operations: Without question, working
farms have provided the people of this State with the enjoyment and the
fondest memories of gathering apples and berries for grandma's delicious
pies, picking out the largest pumpkin in the patch, bringing home the
perfect Christmas tree and horseback riding in the country. "U-pick"
farms and riding stables provide an escape from the hustle and bustle of
urban lifestyles and provide a chance to see the richness of our agri-
cultural landscapes. However, the increasing threat of frivolous
lawsuits bolstered by a policy of open-ended liability, has discouraged
family farms and stables from opening their homes to the public. The
litigious environment created by the present tort system has raised the
cost of insurance premiums to unreasonably high levels and needs to be
reformed. "U-pick" farms and riding stables do not seek blanket immuni-
ties from liability. Farms and equine facilities should be held respon-
sible for their own acts of gross negligence. However, as a matter of
fairness, individuals who take part in "u-pick" activities or horseback
riding assume certain risks. Without this type of reform, our farms are
truly defenseless against frivolous lawsuits of th e "slip and fall";
variety. This gradual disappearance of our rural heritage and agricul-
tural landscapes would be unforgivable. At least 30 other states have
passed or are considering legislation nearly identical to the proposal
advocated for equine activities. In addition, essential reform for
"u-pick" operations is supperted by 70% of New Yorkers, according to a
1997 statewide Zogby poll.
 
PRIOR LEGISLATIVE HISTORY:
2007, A.2513 01/17/2007 referred to judiciary
01/09/2008 referred to judiciary
06/11/2008 held for consideration in judiciary
06/03/10 A00843- held for consideration in judiciary
06/05/2012 - A.1256 - held for consideration in judiciary
05/28/14 held for consideration in judiciary,
A3092 05/17/16 held for consideration in judiciary,
A1577 5/31/18 held for consideration in judiciary
A1739 7/14/20 held for consideration in judiciary
A5726 - 01/05/22 referred to judiciary
2023: S5931/A2056 Referred to Judiciary
2024: S5931/A2056 Referred to Judiciary
 
FISCAL IMPLICATIONS:
Overall savings to taxpayers due to a reduction in the hidden taxes they
pay to support the tort system in New York will be substantial.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of section two of this act shall take effect on the ninetieth
day after it shall have become law; and provided further, that the
provisions of this act shall apply only to causes of action commenced on
or after the effective date of each applicable section.