H.B. 11

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LIMITATION OF LANDOWNER LIABILITY AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Daniel H. Tuttle
5 AN ACT RELATING TO LANDOWNER LIABILITY; AMENDING PROVISIONS ON
6 DEFINITIONS AND LIMITED LIABILITY; AND MAKING TECHNICAL CORRECTIONS.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 57-14-1, as last amended by Chapter 162, Laws of Utah 1987
10 57-14-2, as last amended by Chapter 162, Laws of Utah 1987
11 57-14-3, as enacted by Chapter 129, Laws of Utah 1979
12 57-14-4, as enacted by Chapter 129, Laws of Utah 1979
13 57-14-5, as enacted by Chapter 129, Laws of Utah 1979
14 57-14-6, as last amended by Chapter 158, Laws of Utah 1988
15 57-14-7, as enacted by Chapter 129, Laws of Utah 1979
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 57-14-1 is amended to read:
18 57-14-1. Legislative purpose.
19 The purpose of this act is to encourage public and private owners of land to make land and
20 water areas available to the public for recreational purposes by limiting [their] the owners' liability
21 toward persons entering [thereon] the land and water areas for those purposes.
22 Section 2. Section 57-14-2 is amended to read:
23 57-14-2. Definitions.
24 As used in this [act] chapter:
25 (1) "Land" means any land within the territorial limits of the state of Utah and includes
26 roads, water, water courses, private ways and buildings, structures, and machinery or equipment
27 when attached to the realty.

1 (2) "Owner" includes the possessor of any interest in the land, whether public or private
2 land, a tenant, a lessor, a lessee, and an occupant or person in control of the premises.
3 (3) "Recreational purpose" includes [ [ ], but is not limited to,[ ] ] any of the following or any
4 combination thereof: hunting, fishing, swimming, skiing, snowshoeing, camping, picnicking,
5 hiking, studying nature, waterskiing, engaging in water sports, using boats, h MOUNTAIN BIKING, h
5a using off-highway
6 vehicles or recreational vehicles, and viewing or enjoying historical, archaeological, scenic, or
7 scientific sites.
8 (4) "Charge" means the admission price or fee asked in return for permission to enter or
9 go upon the land.
10 (5) "Person" includes any person, regardless of age, maturity, or experience, who enters
11 upon or uses land for recreational purposes.
12 Section 3. Section 57-14-3 is amended to read:
13 57-14-3. Owner owes no duty of care or to give warning -- Exceptions.
14 Except as [specifically] provided in Subsections 57-14-6(1) and (2) [of Section 57-14-6],
15 an owner of land owes no duty of care to keep the premises safe for entry or use by any person
16 entering or using the premises for any recreational purpose[,] or to give any warning of a
17 dangerous condition, use, structure, or activity on those premises to [those persons] that person.
18 Section 4. Section 57-14-4 is amended to read:
19 57-14-4. Owner's permitting another to use land without charge -- Effect.
20 Except as [specifically] provided in Subsection 57-14-6(1) [of Section 57-14-6], an owner
21 of land who either directly or indirectly invites or permits h [[ ] without charge[ ] ] h S [ [ ] or for a
21a nominal fee [ ] ] s h any
22 person to use the land for any recreational purpose does not thereby:
23 (1) make any representation or extend any assurance that the premises are safe for any
24 purpose;
25 (2) confer upon the person the legal status of an invitee or licensee to whom a duty of care
26 is owed;
27 (3) assume responsibility for or incur liability for any injury to persons or property caused
28 by an act or omission of the person or any other person who enters upon the land; or
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Amend on 2_goldenrod February 19, 1997 29 (4) owe any duty to curtail [his] the owner's use of his land during its use for recreational
30 purposes.
31 Section 5. Section 57-14-5 is amended to read:

lilac-January 27, 1997

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1 57-14-5. Land leased to state or political subdivision for recreational purposes.
2 Unless otherwise agreed in writing, [the provisions of] Sections 57-14-3 and 57-14-4 [of
3 this act] are applicable to the duties and liability of an owner of land leased to the state or any
4 subdivision [thereof] of the state for recreational purposes.
5 Section 6. Section 57-14-6 is amended to read:
6 57-14-6. Liability not limited where willful or malicious conduct involved or
7 admission fee charged.
8 (1) Nothing in this act shall limit any liability which otherwise exists for:
9 (a) willful or malicious failure to guard or warn against a dangerous condition, use,
10 structure, or activity;
11 (b) deliberate, willful, or malicious injury to persons or property; or
12 (c) an injury suffered where the owner of land charges a person to enter or go on the land
13 or use the land for any recreational purpose, except [that where] if the land is leased to the state
14 or a subdivision of the state, any consideration received by the owner for the lease is not a charge
15 within the meaning of this section.
16 (2) Any person who hunts upon a posted hunting unit, as authorized by Title 23, Chapter
17 23, is not considered to have paid a fee within the meaning of this section.
18 Section 7. Section 57-14-7 is amended to read:
19 57-14-7. Person using land of another not relieved from duty to exercise care.
20 [Nothing in this act shall] This chapter may not be construed to relieve any person, using
21 the land of another for recreational purposes, from any obligation which [he] the person may have
22 in the absence of this act to exercise care in [his] use of the land and in [his] activities thereon, or
23 from the legal consequences of failure to employ [such] care.




Legislative Review Note
as of 11-20-96 2:19 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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