H.B. 207

1

INHERENT RISKS OF PARTICIPATING IN
2 RECREATIONAL ACTIVITIES ON PROPERTY
3 OWNED BY LOCAL GOVERNMENT
4 2006 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: DeMar Bud Bowman
7 Senate Sponsor: Peter C. Knudson
8
9 LONG TITLE
10 General Description:
11 This bill amends a provision relating to the inherent risks of participating in recreational
12 activities on property owned by a county or municipality.
13 Highlighted Provisions:
14 This bill:
15 . adds ice skating to the definition of recreational activities in a provision prohibiting
16 a person from making a claim for a personal injury or property damage resulting
17 from the inherent risks of participating in the recreational activity on property
18 owned by a county or municipality.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78-27-63, as enacted by Chapter 107, Laws of Utah 1999
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 78-27-63 is amended to read:
29 78-27-63. Inherent risks of certain recreational activities -- Claim barred against
30 county or municipality -- No effect on duty or liability of person participating in
31 recreational activity or other person.
32 (1) As used in this section:
33 (a) "Inherent risks" means those dangers, conditions, and potentials for personal injury
34 or property damage that are an integral and natural part of participating in a recreational
35 activity.
36 (b) "Municipality" has the meaning as defined in Section 10-1-104 .
37 (c) "Person" includes an individual, regardless of age, maturity, ability, capability, or
38 experience, and a corporation, partnership, limited liability company, or any other form of
39 business enterprise.
40 (d) "Recreational activity" means a rodeo, an equestrian activity, skateboarding, roller
41 skating, ice skating, hiking, bike riding, or in-line skating on property:
42 (i) owned by:
43 (A) with respect to a claim against a county, the county; and
44 (B) with respect to a claim against a municipality, the municipality; and
45 (ii) intended for the specific use in question.
46 (2) Notwithstanding anything in Sections 78-27-37 , 78-27-38 , 78-27-39 , 78-27-40 ,
47 78-27-41 , 78-27-42 , and 78-27-43 to the contrary, no person may make a claim against or
48 recover from a county or municipality for personal injury or property damage resulting from
49 any of the inherent risks of participating in a recreational activity.
50 (3) Nothing in this section may be construed to relieve a person participating in a
51 recreational activity from an obligation that the person would have in the absence of this
52 section to exercise due care or from the legal consequences of a failure to exercise due care.
53 (4) Nothing in this section may be construed to relieve a person from an obligation that
54 the person would have in the absence of this section to exercise due care or from the legal
55 consequences of a failure to exercise due care.

Legislative Review Note
as of 8-9-05 7:47 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel