S.B. 180 Limitations on Landowner Liability Amendments

Bill Sponsor:

Sen. Hemmert, Daniel
Floor Sponsor:

Rep. Brammer, Brady
  • Drafting Attorney: Amy L. West
  • Fiscal Analyst: Andrea Wilko



  • Information
    • Last Action: 26 Mar 2019, Governor Signed
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 14 May 2019
    • Session Law Chapter: 345


S.B. 180

1     
LIMITATIONS ON LANDOWNER LIABILITY AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel Hemmert

5     
House Sponsor: Brady Brammer

6     

7     LONG TITLE
8     General Description:
9          This bill amends and enacts provisions related to landowner liability in certain
10     circumstances.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends definitions;
14          ▸     amends the liability of landowners in certain circumstances involving an activity
15     with a recreational purpose;
16          ▸     limits the available noneconomic damages in a claim against a landowner; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          57-14-102, as last amended by Laws of Utah 2013, Chapter 278 and renumbered and
25     amended by Laws of Utah 2013, Chapter 212
26          57-14-401, as enacted by Laws of Utah 2013, Chapter 212
27     ENACTS:
28          57-14-501, Utah Code Annotated 1953
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 57-14-102 is amended to read:
32          57-14-102. Definitions.
33          As used in this chapter:
34          (1) "Charge" means the admission price or fee asked in return for permission to enter
35     or go upon the land.
36          (2) "Child" means an individual who is 16 years of age or younger.
37          [(3) "Inherent risks" means those dangers, conditions, and potentials for personal injury
38     or property damage that are an integral and natural part of participating in an activity for a
39     recreational purpose.]
40          [(4)] (3) (a) "Land" means any land within the state boundaries.
41          (b) "Land" includes roads, railway corridors, water, water courses, private ways and
42     buildings, structures, and machinery or equipment when attached to the realty.
43          [(5)] (4) "Owner" means the possessor of any interest in the land, whether public or
44     private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land.
45          [(6)] (5) "Person" includes any person, regardless of age, maturity, or experience, who
46     enters upon or uses land for recreational purposes.
47          [(7)] (6) "Recreational purpose" includes, but is not limited to, any of the following or
48     any combination thereof:
49          (a) hunting;
50          (b) fishing;
51          (c) swimming;
52          (d) skiing;
53          (e) snowshoeing;
54          (f) camping;
55          (g) picnicking;
56          (h) hiking;
57          (i) studying nature;

58          (j) waterskiing;
59          (k) engaging in water sports;
60          (l) engaging in equestrian activities;
61          (m) using boats;
62          (n) mountain biking;
63          (o) riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
64     gauge;
65          (p) using off-highway vehicles or recreational vehicles;
66          (q) viewing or enjoying historical, archaeological, scenic, or scientific sites;
67          (r) aircraft operations; and
68          (s) equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller
69     skating, ice skating, walking, running, jogging, bike riding, or in-line skating.
70          [(8)] (7) "Serious physical injury" means any physical injury or set of physical injuries
71     that:
72          (a) seriously impairs a person's health;
73          (b) was caused by use of a dangerous weapon as defined in Section 76-1-601;
74          (c) involves physical torture or causes serious emotional harm to a person; or
75          (d) creates a reasonable risk of death.
76          [(9)] (8) "Trespasser" means a person who enters on the land of another without:
77          (a) express or implied permission; or
78          (b) invitation.
79          Section 2. Section 57-14-401 is amended to read:
80     
Part 4. Activities with a Recreational Purpose on Certain Lands

81          57-14-401. Activities with a recreational purpose on certain lands.
82          (1) Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim
83     against or recover from an owner of any land, [as defined in this chapter,] including land in
84     developed or improved, urban or semi-rural areas opened to the general public without charge,
85     such as a lake, pond, park, trail, waterway, or other recreation site, for personal injury or

86     property damage caused [by the inherent risks of] either directly or indirectly by participating in
87     an activity with a recreational purpose on the land.
88          (2) Nothing in this section may be construed to relieve a person participating in a
89     recreational purpose from an obligation that the person would have in the absence of this
90     section to exercise due care or from the legal consequences of a failure to exercise due care.
91          Section 3. Section 57-14-501 is enacted to read:
92     
Part 5. Limitation on Award

93          57-14-501. Limitation of award of noneconomic damages.
94          (1) In an action arising on or after May 14, 2019, against an owner of land for an injury
95     to a person or damage to property, if a plaintiff is awarded noneconomic losses, the amount of
96     the award for noneconomic losses may not exceed $450,000.
97          (2) The limit described in Subsection (1) does not apply to:
98          (a) an award of punitive damages;
99          (b) a claim for wrongful death; or
100          (c) a liability described in Subsection 57-14-204(1).
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
2/18/2019 Bill Numbered but not DistributedLegislative Research and General Counsel
2/18/2019 Numbered Bill Publicly DistributedLegislative Research and General Counsel
2/18/2019 LFA/ bill sent to agencies for fiscal inputLegislative Research and General Counsel
2/19/2019 Senate/ received bill from Legislative ResearchWaiting for Introduction in the Senate
2/19/2019 Senate/ 1st reading (Introduced)Senate Rules Committee
2/20/2019 LFA/ fiscal note publicly availableSenate Rules Committee
2/20/2019 Senate/ received fiscal note from Fiscal AnalystSenate Rules Committee
2/21/2019 Senate/ to standing committeeSenate Business and Labor Committee
2/22/2019 Senate Comm - Not ConsideredSenate Business and Labor Committee
2/26/2019 Senate Comm - Amendment Recommendation # 1Senate Business and Labor Committee6 0 2
2/26/2019 Senate Comm - Favorable RecommendationSenate Business and Labor Committee7 1 0
2/26/2019 (2:16:54 PM)Senate/ comm rpt/ amendedSenate Business and Labor Committee
2/26/2019 (2:16:55 PM)Senate/ placed on 2nd Reading CalendarSenate 2nd Reading Calendar
3/1/2019 (3:25:06 PM)Senate/ 2nd readingSenate 2nd Reading Calendar
3/1/2019 (3:37:00 PM)Senate/ passed 2nd readingSenate 3rd Reading Calendar21 4 4
3/4/2019 (11:01:40 AM)Senate/ 3rd readingSenate 3rd Reading Calendar
3/4/2019 (11:02:18 AM)Senate/ circledSenate 3rd Reading CalendarVoice vote
3/5/2019 (11:10:11 AM)Senate/ uncircledSenate 3rd Reading CalendarVoice vote
3/5/2019 (11:14:07 AM)Senate/ floor amendment # 2Senate 3rd Reading CalendarVoice vote
3/5/2019 (11:18:16 AM)Senate/ passed 3rd readingClerk of the House23 4 2
3/5/2019 (11:18:17 AM)Senate/ to HouseClerk of the House
3/5/2019 House/ received from SenateClerk of the House
3/5/2019 House/ 1st reading (Introduced)House Rules Committee
3/6/2019 House/ to standing committeeHouse Judiciary Committee
3/8/2019 House Comm - Favorable RecommendationHouse Judiciary Committee8 2 2
3/8/2019 (12:05:37 PM)House/ committee report favorableHouse Judiciary Committee
3/8/2019 (12:05:38 PM)House/ 2nd readingHouse 3rd Reading Calendar for Senate bills
3/12/2019 (2:21:52 PM)House/ 3rd readingHouse 3rd Reading Calendar for Senate bills
3/12/2019 (2:23:58 PM)House/ passed 3rd readingHouse Speaker57 18 0
3/12/2019 (2:23:59 PM)House/ signed by Speaker/ returned to SenateSenate President
3/12/2019 (2:24:00 PM)House/ to SenateSenate President
3/12/2019 Senate/ received from HouseSenate President
3/12/2019 Senate/ signed by President/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/13/2019 Bill Received from Senate for EnrollingLegislative Research and General Counsel / Enrolling
3/13/2019 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/21/2019 Enrolled Bill Returned to House or SenateSenate Secretary
3/21/2019 Senate/ enrolled bill to PrintingSenate Secretary
3/22/2019 Senate/ received enrolled bill from PrintingSenate Secretary
3/22/2019 Senate/ to GovernorExecutive Branch - Governor
3/26/2019 Governor SignedLieutenant Governor's office for filing