Legal Question in Civil Litigation in New York

Re: General Obligations Law Interpretation

This is not the place for a treatise on the history and intent of the GOL law sections in question.

Your mis-understanding is based on the fact that these statutes are NOT intended to impose liability but rather to allow certain classifications of property owners a defense against liability being imposed.

GOL 9-103(a) states the owner of premises 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;and

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...

New York has done away with the differing

standards of care owed to trespassers, invitees and guests, rendering landowners, generally speaking, liable for failing to provide a reasonable duty of care to anyone entering the premises.

These sections of the GOL outline certain types of land and land uses to which the general rule has an exception.