Section 35-15-20 Legislative intent. It is hereby declared that there is a need for outdoor recreational areas in this state which are open for public use and enjoyment; that the use and maintenance of these areas will provide beauty and openness for the benefit of the public and also assist in preserving the health, safety, […]
Section 35-15-21 Definitions. Unless the context thereof clearly indicates to the contrary, as used in this article the following terms shall have the following meanings: (1) OWNER. Any public or private organization of any character, including a partnership, corporation, association, any individual, or any federal, state or local political subdivision or any agency of any […]
Section 35-15-22 Inspection and warning not required. Except as specifically recognized by or provided in this article, an owner of outdoor recreational land who permits non-commercial public recreational use of such land owes no duty of care to inspect or keep such land safe for entry or use by any person for any recreational purpose, […]
Section 35-15-23 Limitations on legal liability of owner. Except as expressly provided in this article, an owner of outdoor recreational land who either invites or permits non-commercial public recreational use of such land does not by invitation or permission thereby: (1) Extend any assurance that the outdoor recreational land is safe for any purpose; (2) […]
Section 35-15-24 Otherwise existing liability not limited. (a) Nothing in this article limits in any way legal liability which otherwise might exist when such owner has actual knowledge: (1) That the outdoor recreational land is being used for non-commercial recreational purposes; (2) That a condition, use, structure, or activity exists which involves an unreasonable risk […]
Section 35-15-25 Duty of care by persons using outdoor recreational land. Nothing in this article shall be construed to relieve any person using outdoor recreational land open for non-commercial public recreational use from any obligation which such person may have in the absence of this article to exercise care in the use of such land […]
Section 35-15-26 Provisions not applicable to commercial recreational enterprise. The liability limitation provisions of this article shall not apply in any cause of action arising from acts or omissions occurring on or connected with land upon which any commercial recreational enterprise is conducted. (Acts 1981, No. 81-825, p. 1468, §7.)
Section 35-15-27 Governmental immunity. Nothing in this article shall be so construed as to alter or repeal any immunity from law suit presently conferred by law upon the state or political subdivision thereof, or any agency or instrumentality thereof. (Acts 1981, No. 81-825, p. 1468, §8.)
Section 35-15-28 Owner must establish public use. (a) The liability limitation protection of this article may be asserted only by an owner who can reasonably establish that the outdoor recreational land was open for non-commercial use to the general public at the time of the injury to a person using such land for any public […]
