NY State Senate Bill 2025-S1607

Senate Bill S1607

2025-2026 Legislative Session

Relates to landowner recreational liability and farm and horseback riding operation liability relief; and enacts the "equine activity safety code act"

download bill text pdf

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2025	referred to judiciary

2025-S1607 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §9-103, add Art 18-D §§18-501 - 18-505, Gen Ob L
Versions Introduced in 2023-2024 Legislative Session:: S5931

2025-S1607 (ACTIVE) - Summary

Limits the liability of a farm or "u-pick" operation for injuries incurred while a person was picking and buying agricultural products; expands the limited exemption of a property owner from liability to a property owner who makes their premises available to others for any recreational use and to include owners of underdeveloped and/or land used in agricultural production; enacts the "equine activity safety code act".

2025-S1607 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1607

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the general obligations law, in relation to the duty to
keep premises safe for certain uses and enacting the "equine activity
safety code act"

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand the scope of the law to include all recreational activities,
rather than only those specifically identified in the statute. The bill
will correct the litigious environment created by the present tort
system which has raised to cost of insurance premiums to unreasonably
high levels and needs to be reformed.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 9-103 of the General Obligations Law ("GOL") by
adding a new subdivision 1-a to limit liability of a farm or "u-pick"
operation for injuries incurred while a person was picking and buying

agricultural products. The farmer or "u-pick" operation is only liable
in those cases where the injuries are caused by a condition involving an
unreasonable risk of harm when: (a) the owner/operator knew, or should
have known, about the condition or risk; and (b) the owner/operator
either failed to take reasonable care to make the condition safe or to
provide a warning.

Section 2 amends the GOL by adding a new article 18-B to establish an
"Equine Activity Safety Code," hereinafter "Code." The Code provides an
exemption from liability of a horse facility operator for an injury of a
participant in horse riding offered by the facility if the injury
results from the inherent risks of equine activities. This exemption
does not apply and liability will attach if one of the following five
criteria are met:

(1) the horse facility operator ("operator") provided the equipment, the
operator knew or should have known that the equipment was faulty, and
the faulty equipment caused the injury; (2) the operator provided the
equine (horse, pony, mule or donkey) and failed to reasonably determine
both the participant's ability to safely engage in the equine activity
and such participant's ability to manage the particular equine; (3) the
equine participant sustains injuries due to a dangerous latent condition
on the operator's land or facilities that the operator knew, or should
have known, about; (4) the operator acts, or fails to act, in a manner
constituting willful or wanton disregard for the participant's safety;
or (5) the operator intentionally injures the participant

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

Existing law encourages excessive litigation and a concomitant drain on
public and private resources. This bill restores balance to the civil
justice system.

 
JUSTIFICATION:

Landowner Recreational Liability: Currently, section 9-103 of-the Gener-
al Obligations Law extends to some landowners a limited immunity from
liability to keep premises safe by the use of others for a series of
enumerated, recreational activities. The existing law would be strength-
ened under this bill by reaffirming the legislature's intent, incorpo-
rating specific definitions of lands used in agricultural production and
undeveloped premises, specifying that the statute applies to these types
of properties (whether or not a farm) and expanding the scope of the law
to include all recreational activities, rather than only those specif-
ically identified in the statute.

Farm U-Pick and Horseback Riding Operations: Without question, working
farms have provided the people of this State with the enjoyment and the
fondest memories of gathering apples and berries for grandma's delicious
pies, picking out the largest pumpkin in the patch, bringing home the
perfect Christmas tree and horseback riding in the country. "U-pick"
farms and riding stables provide an escape from the hustle and bustle of
urban lifestyles and provide a chance to see the richness of our agri-
cultural landscapes. However, the increasing threat of frivolous
lawsuits bolstered by a policy of open-ended liability, has discouraged
family farms and stables from opening their homes to the public. The
litigious environment created by the present tort system has raised the
cost of insurance premiums to unreasonably high levels and needs to be
reformed. "U-pick" farms and riding stables do not seek blanket immuni-
ties from liability. Farms and equine facilities should be held respon-
sible for their own acts of gross negligence. However, as a matter of
fairness, individuals who take part in "u-pick" activities or horseback
riding assume certain risks. Without this type of reform, our farms are
truly defenseless against frivolous lawsuits of th e "slip and fall";
variety. This gradual disappearance of our rural heritage and agricul-
tural landscapes would be unforgivable. At least 30 other states have
passed or are considering legislation nearly identical to the proposal
advocated for equine activities. In addition, essential reform for
"u-pick" operations is supperted by 70% of New Yorkers, according to a
1997 statewide Zogby poll.

 
PRIOR LEGISLATIVE HISTORY:

2007, A.2513 01/17/2007 referred to judiciary

01/09/2008 referred to judiciary

06/11/2008 held for consideration in judiciary

06/03/10 A00843- held for consideration in judiciary

06/05/2012 - A.1256 - held for consideration in judiciary

05/28/14 held for consideration in judiciary,

A3092 05/17/16 held for consideration in judiciary,

A1577 5/31/18 held for consideration in judiciary

A1739 7/14/20 held for consideration in judiciary

A5726 - 01/05/22 referred to judiciary

2023: S5931/A2056 Referred to Judiciary

2024: S5931/A2056 Referred to Judiciary

 
FISCAL IMPLICATIONS:

Overall savings to taxpayers due to a reduction in the hidden taxes they
pay to support the tort system in New York will be substantial.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of section two of this act shall take effect on the ninetieth
day after it shall have become law; and provided further, that the
provisions of this act shall apply only to causes of action commenced on
or after the effective date of each applicable section.

2025-S1607 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1607
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2025
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to the duty  to
   keep  premises safe for certain uses and enacting the "equine activity
   safety code act"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9-103 of the general obligations law, as amended by
 chapter  408  of the laws of 1979, paragraph a of subdivision 1 as sepa-
 rately amended by chapters 141 and 286 of the laws of 1984 and paragraph
 c of subdivision 1 as added by chapter 174  of  the  laws  of  1980,  is
 amended to read as follows:
   § 9-103. No  duty to keep premises safe for certain uses; responsibil-
 ity for acts of such users. 1.  THE LEGISLATURE REAFFIRMS THE PURPOSE OF
 THIS SECTION WHICH IS TO ENCOURAGE PROPERTY  OWNERS  TO  MAKE  LAND  AND
 WATER  AREAS  AVAILABLE  TO  THE PUBLIC FOR RECREATIONAL OR CONSERVATION
 PURPOSES BY LIMITING THEIR POTENTIAL LIABILITY EXPOSURE  TOWARD  PERSONS
 ENTERING  THEREON  FOR SUCH PURPOSES. ITS PROVISIONS SHOULD BE CONSTRUED
 TO ACCOMPLISH THOSE OBJECTIVES.
   1-A. DEFINITIONS. AS USED IN THIS SECTION:
   A. "LANDS USED IN AGRICULTURAL PRODUCTION" MEANS LAND  AS  DEFINED  IN
 SUBDIVISION  FOUR  OF  SECTION  THREE HUNDRED ONE OF THE AGRICULTURE AND
 MARKETS LAW, EXCEPT THAT THE PARCEL OF LAND MAY BE LESS THAN  TEN  ACRES
 AND STILL QUALIFY.
   B.  "OWNER,  LESSEE,  OR  OCCUPANT"  MEANS  ANY PERSON ENTITLED TO THE
 EXCLUSIVE OR NON-EXCLUSIVE USE OR POSSESSION OF THE PREMISES,  INCLUDING
 HOLDERS OF CONSERVATION AND TRAIL EASEMENTS.
   C.  "UNDEVELOPED  PREMISES"  MEANS  PROPERTY EXISTING IN ITS NATURALLY
 OCCURRING STATE, WITHOUT STRUCTURES,  IMPROVEMENTS  OR  MANMADE  OBJECTS
 CONSTRUCTED,  SITUATED  OR  PLACED ON THE PROPERTY BY THE OWNER, LESSEE,
 OCCUPANT OR OTHER PERSONS. IF PROPERTY  CONTAINS  BOTH  UNDEVELOPED  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01810-01-5

 S. 1607                             2
 
 DEVELOPED  AREAS, THE OWNER, LESSEE OR OCCUPANT OWES NO DUTY TO KEEP THE
 UNDEVELOPED PORTION OF THE PREMISES SAFE FOR ENTRY OR USE BY OTHERS  FOR
 RECREATIONAL PURPOSES, BUT NOTHING IN THIS SECTION AFFECTS OR ALTERS THE
 LIABILITY OF SUCH OWNER, LESSEE OR OCCUPANT TO OTHERS WHO ENTER UPON THE
 DEVELOPED  PORTION  OF  THE  PREMISES.  UNDEVELOPED  LAND  MAY INCLUDE A
 CLEARED PATH IF IT IS NOT PAVED AND THE  PATH  SHALL  NOT  CEASE  TO  BE
 "UNDEVELOPED"  BECAUSE ITS CREATION OR MAINTENANCE REQUIRES MINOR ALTER-
 ATION OF LANDSCAPE. LAND DOES NOT CEASE TO BE "UNDEVELOPED" IF THE  ONLY
 MANMADE  ALTERATION  IS THE PLANTING AND MAINTENANCE OF FLORA, INCLUDING
 TREES, SHRUBS, FLOWERS, OR GRASS.
   2. Except as provided in subdivision [two] THREE OF THIS SECTION,
   a. an owner, lessee or occupant of UNDEVELOPED  premises  OR  OF  LAND
 USED  IN  AGRICULTURAL  PRODUCTION, whether or not posted as provided in
 section 11-2111 of the environmental conservation law,  AND  WHETHER  OR
 NOT  A  FARM, owes no duty to keep the premises safe for entry or use by
 others for ANY RECREATIONAL USE, INCLUDING BUT NOT LIMITED  TO  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,  horse-
 back  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 there-
 by (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 inter-
 preted, or construed, as a limit on liability for acts of  gross  negli-
 gence  in  addition to those other acts referred to in subdivision [two]
 THREE of this section.
   [2.] 3. This section does not limit the liability which  would  other-
 wise 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 consider-
 ation 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.
 S. 1607                             3
 
   [3.]  4.  Nothing  in this section creates a duty of care or ground of
 liability for injury to person or property.
   5.  NO CAUSE OF ACTION SHALL ARISE AGAINST THE OWNER, TENANT OR LESSEE
 OF LAND OR PREMISES FOR INJURIES TO ANY PERSON, OTHER THAN  AN  EMPLOYEE
 OR  CONTRACTOR  OF  THE  OWNER,  TENANT OR LESSEE, WHO IS ON THE LAND OR
 PREMISES FOR THE PURPOSE OF PICKING AND PURCHASING AGRICULTURAL OR  FARM
 PRODUCTS  AT  A FARM OR "U-PICK" OPERATION, UNLESS THE PERSON'S INJURIES
 WERE CAUSED BY A CONDITION WHICH INVOLVED AN UNREASONABLE RISK  OF  HARM
 AND ALL OF THE FOLLOWING APPLY:
   A. THE OWNER, TENANT OR LESSEE KNEW, HAD REASON TO KNOW OF, OR REASON-
 ABLY SHOULD HAVE KNOWN OF THE CONDITION OR RISK.
   B.  THE  OWNER, TENANT OR LESSEE FAILED TO EXERCISE REASONABLE CARE TO
 MAKE THE CONDITION SAFE, OR TO WARN THE PERSON OF THE CONDITION OR RISK.
   § 2.  The  general obligations law is amended by adding a new  article
 18-D to read as follows:
                               ARTICLE 18-D
                        EQUINE ACTIVITY SAFETY CODE
 SECTION 18-501. SHORT TITLE.
         18-502. DEFINITIONS.
         18-503. LIABILITY OF PERSONS INVOLVED IN EQUINE ACTIVITIES.
         18-504. LIMITATION OF LIABILITY.
         18-505. POSTING AND NOTIFICATION.
   § 18-501. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "EQUINE ACTIVITY SAFETY CODE ACT".
   § 18-502. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 WORDS OR PHRASES SHALL BE DEFINED AS FOLLOWS:
   1.  "ENGAGES  IN AN EQUINE ACTIVITY" MEANS RIDING, TRAINING, ASSISTING
 IN VETERINARY TREATMENT OF,  DRIVING,  OR  BEING  A  PASSENGER  UPON  AN
 EQUINE,  WHETHER  MOUNTED OR UNMOUNTED, VISITING OR TOURING OR UTILIZING
 AN EQUINE FACILITY AS PART OF AN ORGANIZED EVENT  OR  ACTIVITY,  OR  ANY
 PERSON  ASSISTING A PARTICIPANT OR SHOW MANAGEMENT. THE TERM "ENGAGES IN
 AN EQUINE ACTIVITY" DOES NOT INCLUDE BEING  A  SPECTATOR  AT  AN  EQUINE
 ACTIVITY,  EXCEPT  IN  CASES WHERE THE SPECTATOR PLACES THEMSELVES IN AN
 UNAUTHORIZED AREA OR IN IMMEDIATE PROXIMITY TO THE EQUINE ACTIVITY.
   2. "EQUINE" MEANS A HORSE, PONY, MULE OR DONKEY.
   3. "EQUINE ACTIVITY" MEANS:
   (A) EQUINE SHOWS, FAIRS, COMPETITIONS, PERFORMANCES  OR  PARADES  THAT
 INVOLVE  ANY OR ALL BREEDS OF EQUINES AND ANY OF THE EQUINE DISCIPLINES,
 INCLUDING, BUT NOT LIMITED TO DRESSAGE, HUNTER AND JUMPER  HORSE  SHOWS,
 GRAND PRIX JUMPING, THREE-DAY EVENTS, COMBINED TRAINING, RODEOS, RIDING,
 DRIVING,  PULLING,  CUTTING,  POLO,  STEEPLECHASING, ENGLISH AND WESTERN
 PERFORMANCE RIDING, ENDURANCE TRAIL RIDING, GYMKHANA GAMES, AND HUNTING.
   (B) EQUINE TRAINING OR TEACHING ACTIVITIES OR BOTH.
   (C) THE BOARDING OF EQUINES; INCLUDING NORMAL DAILY CARE THEREOF.
   (D) RIDING, INSPECTING OR EVALUATING BY A PURCHASER  OR  AN  AGENT  AN
 EQUINE  BELONGING TO ANOTHER, WHETHER OR NOT THE OWNER HAS RECEIVED SOME
 MONETARY CONSIDERATION OR OTHER THING OF VALUE FOR THE USE OF THE EQUINE
 OR IS PERMITTING A PROSPECTIVE PURCHASER OF THE EQUINE TO RIDE,  INSPECT
 OR EVALUATE THE EQUINE.
   (E) RIDES, TRIPS, HUNTS OR OTHER EQUINE ACTIVITIES OF ANY TYPE HOWEVER
 INFORMAL OR IMPROMPTU THAT ARE SPONSORED BY AN EQUINE ACTIVITY SPONSOR.
   (F) PLACING OR REPLACING HORSESHOES OR HOOF TRIMMING ON AN EQUINE.
   (G) PROVIDING OR ASSISTING IN VETERINARY TREATMENT OF AN EQUINE.
   4.  "EQUINE  ACTIVITY SPONSOR" MEANS AN INDIVIDUAL, GROUP, CLUB, PART-
 NERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION, WHETHER  OR  NOT  THE
 SPONSOR  IS OPERATING FOR PROFIT OR NONPROFIT, WHICH SPONSORS, ORGANIZES
 S. 1607                             4
 
 OR PROVIDES THE FACILITIES FOR, AN EQUINE ACTIVITY,  INCLUDING  BUT  NOT
 LIMITED  TO: PONY CLUBS, 4-H CLUBS, HUNT CLUBS, RIDING CLUBS, SCHOOL AND
 COLLEGE-SPONSORED CLASSES, PROGRAMS AND ACTIVITIES,  THERAPEUTIC  RIDING
 PROGRAMS,  STABLE AND FARM OWNERS AND OPERATORS, INSTRUCTORS, AND PROMO-
 TERS OF EQUINE FACILITIES, INCLUDING BUT NOT LIMITED TO FARMS,  STABLES,
 CLUBHOUSES,  PONY  RIDE STRINGS, FAIRS, AND ARENAS AT WHICH THE ACTIVITY
 IS HELD.
   5. "EQUINE PROFESSIONAL" MEANS A PERSON ENGAGED FOR COMPENSATION:
   (A) IN INSTRUCTING A PARTICIPANT OR RENTING TO A PARTICIPANT AN EQUINE
 FOR THE PURPOSE OF RIDING, DRIVING OR BEING A PASSENGER UPON THE EQUINE;
   (B) IN RENTING EQUIPMENT OR TACK TO A PARTICIPANT;
   (C) TO PROVIDE DAILY CARE OF HORSES BOARDED AT AN EQUINE FACILITY; OR
   (D) TO TRAIN AN EQUINE.
   6. "INHERENT RISKS OF EQUINE ACTIVITIES" MEANS THOSE DANGERS OR CONDI-
 TIONS WHICH ARE AN INTEGRAL PART OF EQUINE ACTIVITIES, INCLUDING BUT NOT
 LIMITED TO:
   (A) THE PROPENSITY OF EQUINES TO BEHAVE IN WAYS  THAT  MAY  RESULT  IN
 INJURY, HARM OR DEATH TO PERSONS ON OR AROUND THEM;
   (B)  THE  UNPREDICTABILITY  OF  AN EQUINE'S REACTION TO SUCH THINGS AS
 SOUNDS, SUDDEN  MOVEMENT,  AND  UNFAMILIAR  OBJECTS,  PERSONS  OR  OTHER
 ANIMALS;
   (C)  CERTAIN HAZARDS SUCH AS SURFACE AND SUBSURFACE CONDITIONS INCLUD-
 ING, BUT NOT LIMITED TO, ROCKS, FOREST GROWTH, DEBRIS, BRANCHES,  TREES,
 ROOTS, STUMPS OR OTHER NATURAL OBJECTS;
   (D) COLLISIONS WITH OTHER EQUINES OR OBJECTS; AND
   (E)  THE  POTENTIAL OF A PARTICIPANT TO ACT IN A NEGLIGENT MANNER THAT
 MAY CONTRIBUTE TO INJURY TO THE PARTICIPANT OR OTHERS, SUCH  AS  FAILING
 TO  MAINTAIN  CONTROL  OVER  THE ANIMAL OR NOT ACTING WITHIN THE PARTIC-
 IPANT'S ABILITY.
   7. "PARTICIPANT" MEANS ANY PERSON, WHETHER  AMATEUR  OR  PROFESSIONAL,
 WHO  ENGAGES  IN  AN  EQUINE  ACTIVITY,  WHETHER OR NOT A FEE IS PAID TO
 PARTICIPATE IN THE EQUINE ACTIVITY.
   § 18-503. LIABILITY OF  PERSONS  INVOLVED  IN  EQUINE  ACTIVITIES.  1.
 NOTHING  IN  SECTION  18-504  OF THIS ARTICLE SHALL PREVENT OR LIMIT THE
 LIABILITY OF AN EQUINE ACTIVITY SPONSOR OR AN  EQUINE  PROFESSIONAL,  IF
 THE EQUINE ACTIVITY SPONSOR OR EQUINE PROFESSIONAL:
   (A)  (1) PROVIDED THE EQUIPMENT OR TACK, AND KNEW OR SHOULD HAVE KNOWN
 THAT THE EQUIPMENT OR TACK WAS FAULTY, AND SUCH EQUIPMENT  OR  TACK  WAS
 FAULTY TO THE EXTENT THAT IT DID CAUSE THE INJURY; OR
   (2)  PROVIDED  THE  EQUINE  AND  FAILED TO MAKE REASONABLE AND PRUDENT
 EFFORTS TO DETERMINE THE ABILITY OF THE PARTICIPANT TO ENGAGE SAFELY  IN
 THE  EQUINE  ACTIVITY,  AND  DETERMINE THE ABILITY OF THE PARTICIPANT TO
 SAFELY MANAGE THE PARTICULAR EQUINE BASED ON THE PARTICIPANT'S REPRESEN-
 TATIONS OF THE PARTICIPANT'S ABILITY;
   (B) OWNS, LEASES, RENTS, HAS AUTHORIZED USE  OF  OR  IS  OTHERWISE  IN
 LAWFUL  POSSESSION AND CONTROL OF THE LAND, OR FACILITIES UPON WHICH THE
 PARTICIPANT SUSTAINED INJURIES BECAUSE OF A DANGEROUS  LATENT  CONDITION
 WHICH WAS KNOWN OR SHOULD HAVE BEEN KNOWN TO THE EQUINE ACTIVITY SPONSOR
 OR  EQUINE PROFESSIONAL AND FOR WHICH WARNING SIGNS, PURSUANT TO SECTION
 18-505 OF THIS ARTICLE HAVE NOT BEEN CONSPICUOUSLY POSTED;
   (C) COMMITS AN ACT OR OMISSION  THAT  CONSTITUTES  WILLFUL  OR  WANTON
 DISREGARD  FOR  THE  SAFETY OF THE PARTICIPANT, AND THAT ACT OR OMISSION
 CAUSED THE INJURY;
   (D) INTENTIONALLY INJURES THE PARTICIPANT.
 S. 1607                             5
 
   2. THIS SECTION SHALL NOT APPLY TO THE HORSE RACING  ACTIVITY  AUTHOR-
 IZED  PURSUANT  TO ARTICLE TWO, THREE OR FOUR OF THE RACING, PARI-MUTUEL
 WAGERING AND BREEDING LAW.
   §  18-504.  LIMITATION OF LIABILITY. 1. EXCEPT AS PROVIDED IN SUBDIVI-
 SION TWO OF SECTION 18-503 OF THIS ARTICLE, AN EQUINE ACTIVITY  SPONSOR,
 AN EQUINE PROFESSIONAL OR ANY OTHER PERSON, WHICH SHALL INCLUDE A LIMIT-
 ED  LIABILITY  COMPANY,  CORPORATION OR PARTNERSHIP, SHALL NOT BE LIABLE
 FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM THE INHER-
 ENT RISKS OF EQUINE ACTIVITIES AND, EXCEPT AS  PROVIDED  IN  SUBDIVISION
 TWO  OF SECTION 18-503 OF THIS ARTICLE, NO PARTICIPANT NOR PARTICIPANT'S
 REPRESENTATIVE SHALL MAKE ANY CLAIM AGAINST, MAINTAIN AN ACTION  AGAINST
 OR  RECOVER  FROM  AN EQUINE ACTIVITY SPONSOR, AN EQUINE PROFESSIONAL OR
 ANY OTHER PERSON FOR INJURY, LOSS, DAMAGE OR DEATH  OF  THE  PARTICIPANT
 RESULTING FROM ANY OF THE INHERENT RISKS OF EQUINE ACTIVITIES.
   2.  NOTHING  IN  THIS  ARTICLE  SHALL  LIMIT  THE  APPLICATION  OF THE
 PROVISIONS OF SECTION 9-103 OF THIS CHAPTER.
   § 18-505. POSTING AND NOTIFICATION.  1.    EVERY  EQUINE  PROFESSIONAL
 SHALL POST AND MAINTAIN SIGNS WHICH CONTAIN THE WARNING NOTICE SPECIFIED
 IN  SUBDIVISION  TWO  OF  THIS  SECTION. SUCH SIGNS SHALL BE PLACED IN A
 CLEARLY VISIBLE LOCATION IN THE PROXIMITY OF THE  EQUINE  ACTIVITY.  THE
 WARNING NOTICE SPECIFIED IN SUBDIVISION TWO OF THIS SECTION SHALL APPEAR
 ON  THE  SIGN  IN BLACK LETTERS, WITH EACH LETTER TO BE A MINIMUM OF ONE
 INCH IN HEIGHT. EVERY WRITTEN CONTRACT ENTERED INTO BY AN EQUINE PROFES-
 SIONAL FOR THE PROVIDING OF PROFESSIONAL SERVICES, INSTRUCTION,  OR  THE
 RENTAL  OF  EQUIPMENT  OR TACK OR AN EQUINE TO A PARTICIPANT, WHETHER OR
 NOT THE CONTRACT INVOLVES EQUINE ACTIVITIES ON OR OFF  THE  LOCATION  OR
 SITE  OF  THE  EQUINE  PROFESSIONAL'S BUSINESS, SHALL CONTAIN IN CLEARLY
 READABLE PRINT THE WARNING NOTICE SPECIFIED IN SUBDIVISION TWO  OF  THIS
 SECTION.
   2.  THE  SIGNS  AND  CONTRACTS  DESCRIBED  IN  SUBDIVISION ONE OF THIS
 SECTION SHALL CONTAIN THE FOLLOWING WARNING NOTICE:
                                  WARNING
   UNDER NEW YORK LAW, AN EQUINE PROFESSIONAL OR EQUINE ACTIVITY  SPONSOR
 IS NOT LIABLE FOR AN INJURY TO, OR THE DEATH OF, A PARTICIPANT IN EQUINE
 ACTIVITIES  RESULTING  FROM  THE  INHERENT  RISKS  OF EQUINE ACTIVITIES,
 PURSUANT TO SECTION 18-504 OF THE GENERAL OBLIGATIONS LAW.
   § 3. This act shall take effect immediately; provided,  however,  that
 the provisions of section two of this act shall take effect on the nine-
 tieth  day  after it shall have become a law; and provided further, that
 the provisions of  this  act  shall  apply  only  to  causes  of  action
 commenced on or after the effective date of each applicable section.

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