Section 9-103. No duty to keep premises safe for certain uses; responsibility for acts of such users  


Latest version.
  • 1.  Except  as  provided  in  subdivision two,
        a.  an owner, lessee or occupant of premises, whether or not posted as
      provided in section 11-2111 of the environmental conservation law,  owes
      no  duty  to  keep  the  premises  safe  for  entry or use by others for
      hunting, fishing, organized gleaning as defined in section seventy-one-y
      of the agriculture and markets law, canoeing, boating, trapping, hiking,
      cross-country skiing, tobogganing, sledding,  speleological  activities,
      horseback  riding,  bicycle  riding,  hang  gliding,  motorized  vehicle
      operation for recreational purposes, snowmobile  operation,  cutting  or
      gathering of wood for non-commercial purposes or training of dogs, or to
      give  warning  of  any  hazardous  condition  or  use of or structure or
      activity on such premises to persons entering for such purposes;
        b. an owner, lessee or occupant of premises who  gives  permission  to
      another  to  pursue  any  such  activities  upon  such premises does not
      thereby (1) extend any assurance that the premises  are  safe  for  such
      purpose,  or  (2) constitute the person to whom permission is granted an
      invitee to whom a duty of care is owed, or (3) assume responsibility for
      or incur liability for any injury to person or property  caused  by  any
      act of persons to whom the permission is granted.
        c.  an  owner, lessee or occupant of a farm, as defined in section six
      hundred seventy-one of the labor law, whether or not posted as  provided
      in  section  11-2111 of the environmental conservation law, owes no duty
      to keep such farm safe for entry or  use  by  a  person  who  enters  or
      remains  in  or  upon such farm without consent or privilege, or to give
      warning of any hazardous condition or use of or structure or activity on
      such farm to persons  so  entering  or  remaining.  This  shall  not  be
      interpreted,  or  construed,  as  a limit on liability for acts of gross
      negligence in addition to those other acts referred  to  in  subdivision
      two of this section.
        2.  This  section  does  not limit the liability which would otherwise
      exist
        a. for willful or malicious failure to guard, or to  warn  against,  a
      dangerous condition, use, structure or activity; or
        b.  for  injury suffered in any case where permission to pursue any of
      the  activities  enumerated  in  this  section   was   granted   for   a
      consideration  other  than  the  consideration,  if  any,  paid  to said
      landowner by the state or federal government,  or  permission  to  train
      dogs  was  granted  for  a consideration other than that provided for in
      section 11-0925 of the environmental conservation law; or
        c. for injury caused, by acts of persons to whom permission to  pursue
      any  of  the activities enumerated in this section was granted, to other
      persons as to whom the person granting permission, or the owner,  lessee
      or occupant of the premises, owed a duty to keep the premises safe or to
      warn of danger.
        3.  Nothing  in  this  section  creates  a  duty  of care or ground of
      liability for injury to person or property.