I was injured when I was driving an all-terrain vehicle (ATV) upstate. Can I bring a claim for my injuries?

You probably will not have a claim for your injuries. Although, as explained later, there may be certain circumstances in which you can bring a claim, using ATVs generally excludes you from any claim against the landowner.

Although all landowners have the common law duty to all people on their land of “reasonable care,” the exception to the common law duties imposed by Courts can be found in statutes enacted by the legislature and governor.

General Obligations Law

In this case, a private land owner has no obligation to keep a premises safe when the person on the land is engaging in certain recreational activities. General Obligations Law § 9-103. So if a person is injured on property while hunting, fishing, canoeing, trapping, hiking, boating, canoeing, horseback riding, bicycle riding, hang gliding, snowmobile operation and ATV riding, then the owner of the property has no obligation to make the land safe for any of these purposes. Thus, the property owner has no obligation to clear paths (and possibly pave them) so an individual can safely ride an ATV.

There are exceptions to this rule. One exception would be if the landowner charged for people to ride ATVs on the land. But your question did not mention any fee was paid for permission to ride an ATV on the land. A second exception would be for some willful or malicious condition. Again, the question did not mention any concealed malicious trap set on the land to disrupt the ATV rider and cause injuries. It was just typical wooded upstate property.

This case becomes even more complicated if the accident occurred on New York State land. If the State of New York is a possible defendant, you must file in the Court of Claims. (The Court of Claims is a separate Court which handles only cases against the State of New York.) There are also short statute of limitations to bring claims against the State. All claims against the State must first present a “Claim for Damages.” Then the plaintiff files a lawsuit in the Court of Claims. The State also has certain defenses that an ordinary citizen or company does not have.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.