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H.B. 107 Enrolled
AN ACT RELATING TO THE JUDICIAL CODE; AND LIMITING THE LIABILITY OF
MUNICIPALITIES AND COUNTIES UNDER CERTAIN CIRCUMSTANCES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
78-27-63, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-27-63 is enacted to read:
78-27-63. Inherent risks of certain recreational activities -- Claim barred against
county or municipality -- No affect on duty or liability of person participating in recreational
activity or other person.
(1) As used in this section:
(a) "Inherent risks" means those dangers, conditions, and potentials for personal injury or
property damage that are an integral and natural part of participating in a recreational activity.
(b) "Municipality" has the meaning as defined in Section 10-1-104 .
(c) "Person" includes an individual, regardless of age, maturity, ability, capability, or
experience, and a corporation, partnership, limited liability company, or any other form of business
enterprise.
(d) "Recreational activity" means a rodeo, an equestrian activity, skateboarding, roller
skating, hiking, bike riding, or in-line skating on property:
(i) owned by:
(A) with respect to a claim against a county, the county; and
(B) with respect to a claim against a municipality, the municipality; and
(ii) intended for the specific use in question.
(2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 ,
78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or recover
from a county or municipality for personal injury or property damage resulting from any of the
inherent risks of participating in a recreational activity.
(3) Nothing in this section may be construed to relieve a person participating in a recreational
activity from an obligation that the person would have in the absence of this section to exercise due
care or from the legal consequences of a failure to exercise due care.
(4) Nothing in this section may be construed to relieve a person from an obligation that the
person would have in the absence of this section to exercise due care or from the legal consequences
of a failure to exercise due care.
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