2019 US Virgin Islands Code
Title 32 - Sports and Parks
Chapter 2 - Parks and Natural Resources
§ 25a. Limitation of liability for public recreational use of private real property
(a) As used in this section,
(1) “Charge” means an admission fee for permission to go upon or use the land, but does not include:
(A) Any contribution in kind, services or cash contributed by a person, legal entity, nonprofit organization, or governmental entity other than the owner, whether or not sanctioned or solicited by the owner, the purpose of which is to (i) remedy damage to land caused by educational or recreational use; or (ii) provide warning of hazards on, or remove hazards from, real property used for educational or recreational purposes; or
(B) Unless otherwise agreed in writing or otherwise provided by the Territorial or federal tax codes, any property tax abatement, contribution of any kind to reduce or offset costs and eliminate losses from recreational use of real property or relief received by the owner from the Government in exchange for the owner's agreement to open the real property for educational or recreational purposes.
(2) “Real property” means real estate, land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.
(3) “Real property owner” means the possessor of a fee interest or, a tenant, lessee, occupant, or person in control of the premises who has authority to participate in the program established under subsection (b).
(4) “Recreational purpose” includes, fishing, swimming, boating, camping, picnicking, nature study, sports, water sports, jogging, walking, hiking, biking, horseback riding, viewing or enjoying historical, archeological, scenic, or scientific sites; and any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another.
(b) Limitation on liability. An owner of real property may be entitled to a limitation on liability for making real property available as provided in paragraphs (1) through (3). A real property owner who without charge provides the public with a park area or other real property for recreational or educational purposes
(1) owes no duty of care to keep that park area or real property safe for entry or use by others, or to give warning to persons entering or going on that park area or real property of any hazardous conditions, structures, or activities thereon;
(2) is not subject to liability for injury to persons going on the real property solely because the real property owner provides the park or real property for recreation;
(3) is not presumed to extend any assurance that such park area or real property is safe for any purpose;
(4) does not incur any duty of care toward a person who goes on that park area or real property, and
(5) is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on that park area or real property.
(c) To qualify for the protections under this section, the real property owner shall register the real property used or intended to be used for the purpose of this section with the Office of the Lieutenant Governor. The Lieutenant Governor may promulgate rules and regulations not inconsistent with this section to carry out its purpose.
(d) Application. This section applies whether the person going into the park or on the real property is an invitee, licensee, trespasser, or otherwise.
(e) This section does not relieve any person of liability for acts or omissions that amount to gross negligence, or from liability that would otherwise exist for deliberate, willful or malicious injury to persons or property. This subsection may not be construed to create or increase the liability of any person.
