CHAPTER 53-08
LIABILITY LIMITED FOR OWNER OF RECREATION LANDS
53-08-01. Definitions. In this chapter, unless the context or subject matter otherwise
requires:
1.
"Charge" means the amount of money asked in return for an invitation to enter or go<br>upon the land.
2.
"Land" includes all public and private land, roads, water, watercourses, and ways<br>and buildings, structures, and machinery or equipment thereon.
3.
"Owner" includes tenant, lessee, occupant, or person in control of the premises.
4.
"Recreational purposes" includes any activity engaged in for the purpose of exercise,<br>relaxation, pleasure, or education.
53-08-02. Duty of care of landowner. Subject to the provisions of section 53-08-05, an
owner of land owes no duty of care to keep the premises safe for entry or use by others for<br>recreational purposes or to give any warning of a dangerous condition, use, structure, or activity<br>on such premises to persons entering for such purposes.
53-08-03. Not invitee or licensee of landowner. Subject to the provisions of section
53-08-05, an owner of land who either directly or indirectly invites or permits without charge any<br>person to use such property for recreational purposes does not thereby:
1.
Extend any assurance that the premises are safe for any purpose;
2.
Confer upon such persons the legal status of an invitee or licensee to whom a duty<br>of care is owed; or
3.
Assume responsibility for or incur liability for any injury to person or property caused<br>by an act or omission of such persons.
53-08-04. Leased land to state or political subdivisions. Unless otherwise agreed in
writing, an owner of land leased to the state or its political subdivisions for recreational purposes<br>owes no duty of care to keep that land safe for entry or use by others or to give warning to<br>persons entering or going upon such land of any hazardous conditions, uses, structures, or<br>activities thereon.
An owner who leases land to the state or its political subdivisions for
recreational purposes does not by giving such lease:
1.
Extend any assurance to any person using the land that the premises are safe for<br>any purpose;
2.
Confer upon such persons the legal status of an invitee or licensee to whom a duty<br>of care is owed; or
3.
Assume responsibility for or incur liability for any injury to person or property caused<br>by an act or omission of a person who enters upon the leased land.
The provisions of this section apply whether the person entering upon the leased land is an<br>invitee, licensee, trespasser, or otherwise.
53-08-05. Failure to warn against dangerous conditions - Charge to enter. This
chapter does not limit in any way any liability that otherwise exists for:
1.
Willful and malicious failure to guard or warn against a dangerous condition, use,<br>structure, or activity; or
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2.
Injury suffered in any case in which the owner of land:
a.
Charges the person for entry onto the land other than the amount, if any, paid<br>to the owner of the land by the state; and
b.
The total charges collected by the owner in the previous calendar year for all<br>recreational use of land under the control of the owner are more than:
(1)
Twice the total amount of property taxes imposed on the land for the<br>previous calendar year; or
(2)
In the case of agricultural land, four times the total amount of property<br>taxes imposed on the land for the previous calendar year.
53-08-06. Duty of care or liability for injury. Nothing in this chapter may be construed
as creating a duty of care or grounds of liability for injury to person or property. Nothing herein<br>limits in any way the obligation of a person entering upon or using the land of another for<br>recreational purposes to exercise due care in that person's use of such land and in that person's<br>activities thereon.
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Document Outline
chapter 53-08 liability limited for owner of recreation lands
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