New York Law (NYLE) Practice Exam

What type of negligence is a landowner subject to regarding public recreational use?

1. There is no liability unless a fee is charged.

2. The liability is limited to gross negligence.

3. Standard negligence applies, similar to commercial properties.

4. Liability only applies if injuries occur after warning signs were posted.

The correct answer is: There is no liability unless a fee is charged.

In New York, landowners can be subject to different standards of care depending on the nature of the use of their property. When it comes to public recreational use, if landowners allow individuals to use their land for recreational purposes free of charge, they are generally protected from liability unless there is gross negligence or willful misconduct on their part. The concept that a landowner has limited liability if no fee is charged is rooted in promoting public access to outdoor recreational activities on private land. The rationale behind this law is to encourage landowners to open their property for the public's benefit without the fear of extensive liability for injuries that might occur during these recreational activities. This limited liability standard applies distinctly to situations where land is made available for such informal use, highlighting the policy consideration of promoting public enjoyment of land while balancing the risks and responsibilities placed on landowners. In contrast to this understanding, the other options pertain to different interpretations of landowner liability that do not align with the specific legal protections granted under New York law regarding public recreational use. For instance, standard negligence typically applies in commercial contexts where landowners have greater responsibilities for the safety of paying customers, and liability does not hinge solely on the presence of warning signs. Thus, the correct option reflects the