2021 New Mexico Statutes
Chapter 17 - Game and Fish and Outdoor Recreation
Article 4 - Propagation of Fish and Game
Section 17-4-7 - Liability of landowner permitting persons to hunt, fish or use lands for recreation; duty of care; exceptions.
A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
(1) extend any assurance that the premises are safe for such purpose;
(2) assume any duty of care to keep such lands safe for entry or use;
(3) assume responsibility or liability for any injury or damage to or caused by such person or group; or
(4) assume any greater responsibility, duty of care or liability to such person or group than if permission had not been granted and the person or group were trespassers.
B. This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sightsee, operate aircraft, explore caves or use the land for recreation in exchange for a consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency.
C. For the purposes of this section, "cave" means a natural, geologically formed void or cavity beneath the surface of the earth, but does not mean a mine, tunnel, aqueduct or other manmade excavation.
History: 1953 Comp., § 53-4-5.1, enacted by Laws 1967, ch. 6, § 1; 2011, ch. 63, § 1; 2019, ch. 24, § 1.
ANNOTATIONSThe 2019 amendment, effective June 14, 2019, limited the liability of landowners permitting persons to explore caves on private property, and defined "cave"; in Subsection A, after "operation of aircraft", added "cave exploring"; in Subsection B, after "operate aircraft", added "explore caves"; and added Subsection C.
The 2011 amendment, effective June 17, 2011, limited the liability of owners, lessees and persons in control of land who, without consideration, permit the use of the land by others for the operation of aircraft.
Organized team sports not a protected activity. — Protections of the statute apply only when landowners allow free public access for a limited range of outdoor activities, and organized team sports do not fall within that range of activities. Lucero v. Richardson & Richardson, Inc., 2002-NMCA-013, 131 N.M. 522, 39 P.3d 739, cert. denied, 131 N.M. 737, 42 P.3d 842.
Comparison with off-highway recreational vehicle use statute. — Since the general recreational land use statute contained in Section 17-4-7 NMSA 1978 broadly immunizes landowners who permit entry upon their lands for "any . . . recreational use", the legislature in adopting Section 66-3-101 NMSA 1978, obviously intended to extend the immunity of landowners as to claims resulting from injuries to operators or passengers of off-highway recreational vehicles beyond that provided by Section 17-4-7 NMSA 1978. Matthews v. State, 1991-NMCA-116, 113 N.M. 291, 825 P.2d 224.
United States liability. — The United States was not liable under the New Mexico recreational use statute, Section 17-4-7 NMSA 1978, for the plaintiff's injuries resulting from a diving accident in a national forest since the United States was exempt from liability under the New Mexico statute. Maldonado v. United States, 893 F.2d 267 (10th Cir. N.M. 1990).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 62 Am. Jur. 2d Premises Liability § 156 et seq.
65 C.J.S. Negligence § 10.
