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

New York § 9-103

• Jurisdiction: New York
• Law GOB: General Obligations
• Title 1: Conditions On Real Property
• Art. 9: Obligations of Care

Text

§ 9-103. No duty to keep premises safe for certain uses;\nresponsibility for acts of such users. 1. Except as provided in\nsubdivision two,\n a. an owner, lessee or occupant of premises, whether or not posted as\nprovided in section 11-2111 of the environmental conservation law, owes\nno duty to keep the premises safe for entry or use by others for\nhunting, fishing, organized gleaning as defined in section seventy-one-y\nof the agriculture and markets law, canoeing, boating, trapping, hiking,\ncross-country skiing, tobogganing, sledding, speleological activities,\nhorseback riding, bicycle riding, hang gliding, motorized vehicle\noperation for recreational purposes, snowmobile operation, cutting or\ngathering of wood for non-commercial purposes or training of dogs, or to\ngive warning of any hazardous condition or use of or structure or\nactivity on such premises to persons entering for such purposes;\n b. an owner, lessee or occupant of premises who gives permission to\nanother to pursue any such activities upon such premises does not\nthereby (1) extend any assurance that the premises are safe for such\npurpose, or (2) constitute the person to whom permission is granted an\ninvitee to whom a duty of care is owed, or (3) assume responsibility for\nor incur liability for any injury to person or property caused by any\nact of persons to whom the permission is granted.\n c. an owner, lessee or occupant of a farm, as defined in section six\nhundred seventy-one of the labor law, whether or not posted as provided\nin section 11-2111 of the environmental conservation law, owes no duty\nto keep such farm safe for entry or use by a person who enters or\nremains in or upon such farm without consent or privilege, or to give\nwarning of any hazardous condition or use of or structure or activity on\nsuch farm to persons so entering or remaining. This shall not be\ninterpreted, or construed, as a limit on liability for acts of gross\nnegligence in addition to those other acts referred to in subdivision\ntwo of this section.\n 2. This section does not limit the liability which would otherwise\nexist\n a. for willful or malicious failure to guard, or to warn against, a\ndangerous condition, use, structure or activity; or\n b. for injury suffered in any case where permission to pursue any of\nthe activities enumerated in this section was granted for a\nconsideration other than the consideration, if any, paid to said\nlandowner by the state or federal government, or permission to train\ndogs was granted for a consideration other than that provided for in\nsection 11-0925 of the environmental conservation law; or\n c. for injury caused, by acts of persons to whom permission to pursue\nany of the activities enumerated in this section was granted, to other\npersons as to whom the person granting permission, or the owner, lessee\nor occupant of the premises, owed a duty to keep the premises safe or to\nwarn of danger.\n 3. Nothing in this section creates a duty of care or ground of\nliability for injury to person or property.\n