§ 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.