New York Law (NYLE) Practice Exam

What must a landowner do to be liable for injuries sustained by a recreational user on their property?

1. Provide a safety briefing to all users.

2. Charge the recreational user a fee to use the property.

3. Post adequate warning signs regarding hazards.

4. Maintain the property in good condition.

The correct answer is: Charge the recreational user a fee to use the property.

In New York, the liability of a landowner for injuries sustained by recreational users on their property is primarily governed by the "recreational use statute" (General Obligations Law § 9-103). Under this statute, a landowner can limit their liability to injured recreational users if they allow their land to be used for recreational purposes without charging a fee. When there is no charge for use, the landowner has limited duty of care to ensure the property is safe. However, if the landowner does charge a fee, they may be held to a higher standard of care, potentially leading to greater liability if someone is injured on the property. Therefore, while it's true that simply allowing recreational use without a fee provides certain protections, charging a fee for use can create more responsibilities for the landowner. On the other hand, providing a safety briefing, posting warning signs, and maintaining the property can be seen as best practices or reasonable actions to take in ensuring user safety, but they do not, by themselves, trigger liability under New York's recreational use statute. In essence, charging a fee plays a crucial role in the legal landscape surrounding landowner liability and affects the level of responsibility an owner must uphold toward recreational users.