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CHAPTER 12. LIABILITIES AND DUTIES ON PROPERTY USED FOR
EDUCATION AND RECREATION
ARTICLE 1. GENERAL PROVISIONS
§ 33-1551. Duty of owner, lessee or occupant of premises to recreational or
educational users; liability; definitions
A. A public or private owner, easement holder, lessee or occupant of premises is not
liable to a recreational or educational user except upon a showing that the owner,
easement holder, lessee or occupant was guilty of wilful, malicious or grossly negligent
conduct which was a direct cause of the injury to the recreational or educational user.
B. This section does not limit the liability which otherwise exists for maintaining an
attractive nuisance, except with respect to dams, channels, canals and lateral ditches
used for flood control, agricultural, industrial, metallurgical or municipal purposes.
C. As used in this section:
1. "Educational user" means a person to whom permission has been granted or
implied without the payment of an admission fee or any other consideration to enter upon
premises to participate in an educational program, including but not limited to, the
viewing of historical, natural, archaeological or scientific sights. A nominal fee that is
charged by a public entity or a nonprofit corporation to offset the cost of providing the
educational or recreational premises and associated services does not constitute an
admission fee or any other consideration as prescribed by this section.
2. "Grossly negligent" means a knowing or reckless indifference to the health
and safety of others.
3. "Premises" means agricultural, range, open space, park, flood control,
mining, forest or railroad lands, and any other similar lands, wherever located, which are
available to a recreational or educational user, including, but not limited to, paved or
unpaved multi-use trails and special purpose roads or trails not open to automotive use by
the public and any building, improvement, fixture, water conveyance system, body of water,
channel, canal or lateral, road, trail or structure on such lands.
4. "Recreational user" means a person to whom permission has been granted or
implied without the payment of an admission fee or any other consideration to travel
across or to enter upon premises to hunt, fish, trap, camp, hike, ride, exercise, swim or
engage in similar pursuits. The purchase of a state hunting, trapping or fishing license
is not the payment of an admission fee or any other consideration as provided in this
section. A nominal fee that is charged by a public entity or a nonprofit corporation to
offset the cost of providing the educational or recreational premises and associated
services does not constitute an admission fee or any other consideration as prescribed by
this section.
Amended in 1998.
Reviewed by AAHS in July 2001.
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