NYS Equine Activities Liability Law

Effective October 23, 2017, New York became the 48thstate to enact an equine activity liability law.  The new law was included in the New York State Safety in Agricultural Tourism Act. Unlike most other state’s equine activity liability laws, the New York law governs liability of operators of “agricultural tourism”, and “equine activities both outdoors and indoors but excluding equine therapy” are considered agricultural tourism for this purpose. See here for the text of the new law.

Operator Responsibilities:

Under the new law, operators of equine activities are not liable for an injury to or death of a visitor if the following requirements are met:

• Posting a conspicuous Warning to Visitors sign, notifying visitors of the inherent risks relevant to the on-farm activity, the farm operation and site conditions.  According to guidance issued by the NYS Department of Agriculture and Markets, the operator is responsible for developing this sign, which should be as specific as possible regarding the risks of specific activities, farm operations and site conditions. Generic signage will not be sufficient, and a risk assessment and periodic reviews are necessary.  
• Posting directional signage showing paths, areas and buildings that are open to the public.  According to guidance issued by the NYS Department of Agriculture and Markets, such signage should identify “off limits”areas.
• Posting a conspicuous notice of visitor responsibilities (see description of such responsibilities below).
• Posting a conspicuous notice to visitors of the right to a refund for those unprepared or unwilling to accept the risks or responsibilities.
• Distributing written information to visitors, with language provided by the NYS Department of Agriculture and Markets, directing the attention of all visitors to the required Warning to Visitors sign. The language provided by NYS Department of Agriculture and Markets also includes information directing the visitor to the visitor responsibilities notice, as well as information about a refund if the visitor is unprepared or unwilling to accept the risks or responsibilities.
• Providing adequate training to employees.
• Taking reasonable care to prevent reasonably foreseeable risks to visitors consistent with landowner obligations to keep the premises reasonably safe for intended and reasonably foreseeable uses and users.  

 
The NYS Department of Agriculture and Markets guidance indicates that either the failure to disclose a foreseeable risk or the failure to take reasonable care to prevent foreseeable risks could result in the loss of statutory protection.  Additionally, operators should assess risk through the eyes of a visitor who is unfamiliar with the farm’s operations.
 
Note that the operator may establish additional rules of conduct to help manage risks, which may be more specific or robust than what is required by the statute.  If properly displayed or communicated, these rules may provide further protection from liability.
 
Visitor Responsibilities:

The law also imposes responsibilities on visitors to:

• Exercise reasonable care regarding the disclosed risks.
• Reasonably comply with posted directional signs and reasonably remain in designated areas.
• Reasonably follow any and all written information or conspicuously posted rules of conduct provided by such operator to visitors, or verbal or other form of communication of rules of conduct where needed for effective communication for people with disabilities.
• Not willfully remove, deface, alter or otherwise damage signage, warning devices or implements or other safety devices.
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© Deborah Buyer Law PLLC 2018      These materials do not constitute legal advice or create an attorney-client relationship.  The reader is advised to consult with an attorney to obtain legal advice.