2006 Utah Code - 78-27-63 — Inherent risks of certain recreational activities -- Claim barred against county or municipality -- No effect on duty or liability of person participating in recreational activity or other person.

     78-27-63.   Inherent risks of certain recreational activities -- Claim barred against county or municipality -- No effect 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" includes a rodeo, an equestrian activity, skateboarding, roller skating, ice skating, fishing, 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, municipality, or independent special district under Title 17A, Chapter 2, Independent Special Districts, for personal injury or property damage resulting from any of the inherent risks of participating in a recreational activity.
     (3) (a) 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.
     (b) Nothing in this section may be construed to relieve any other 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.

Amended by Chapter 304, 2006 General Session