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Home » US Law » 2022 Delaware Code » Title 7 - Conservation » Part VI » Archaeological and Geological Resources » Chapter 59. PUBLIC RECREATION ON PRIVATE LANDS

§ 5901. Purpose.

§ 5901. Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes, whether such persons entered upon the land of the owner with or without consent of the owner. […]

§ 5902. Definitions.

§ 5902. Definitions. As used in this chapter: (1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land. (2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. (3) “Owner” means the […]

§ 5903. Limitation on duty of owner.

§ 5903. Limitation on duty of owner. Except as specifically recognized by or provided in § 5906 of this title, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or […]

§ 5904. Use of land without charge; limits of liability.

§ 5904. Use of land without charge; limits of liability. (a) Except as specifically recognized by or provided in § 5906 of this title, an owner of land who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not thereby: (1) Extend any assurance that […]

§ 5905. Written waivers.

§ 5905. Written waivers. Unless otherwise agreed in writing, §§ 5903 and 5904 of this title shall be applicable to the duties and liability of an owner of land leased to the State, or any subdivision thereof, for recreational purposes. 7 Del. C. 1953, § 5905;  55 Del. Laws, c. 449.; 

§ 5906. Limitations on exemption from liability.

§ 5906. Limitations on exemption from liability. Nothing in this chapter limits in any way any liability which otherwise exists: (1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; (2) For injury suffered in any case where the owner of land charges the person or persons […]

§ 5907. Exemptions.

§ 5907. Exemptions. Nothing in this chapter shall be construed to: (1) Create a duty of care, or ground of liability, for injury to persons or property; (2) Relieve any person using the land of another for recreational purposes from any obligation which he or she may have in the absence of this chapter to […]