N.Y. General Obligations Law § 9-103: No duty to keep premises safe for certain uses; responsibility for acts of such users

§ 9-103. No duty to keep premises safe for certain uses;

responsibility for acts of such users. 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.