University of Vermont AAHS

North Dakota Recreational Use Statute

NORTH DAKOTA CENTURY CODE
TITLE 53. SPORTS AND AMUSEMENTS
CHAPTER 53-08. LIABILITY LIMITED FOR OWNER OF RECREATION LANDS


53-08-01 Definitions.

In this chapter, unless the context or subject matter otherwise requires:

1. "Charge" means the amount of money asked in return for an invitation to enter or go upon the land.

2. "Land" includes all public and private land, roads, water, watercourses, ways and buildings, structures and machinery or equipment thereon.

3. "Owner" includes tenant, lessee, occupant, or person in control of the premises.

4. "Recreational purposes" includes any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.


53-08-02. Duty of care of landowner.

Subject to the provisions of section 53-08-05, 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 activity on such premises to persons entering for such purposes.

 

53-08-03. Not invitee or licensee of landowner.

Subject to the provisions of section 53-08-05, 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 the premises are safe for any purpose; 2. Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or 3. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.

 

53-08-04. Leased land to state or political subdivisions.

Unless otherwise agreed in writing, an owner of land leased to the state or its political subdivisions for recreational purposes owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any hazardous conditions, uses, structures, or activities thereon. An owner who leases land to the state or its political subdivisions for recreational purposes does not by giving such lease:

1. Extend any assurance to any person using the land that the premises are safe for any purpose;

2. Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or

3. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of a person who enters upon the leased land.

The provisions of this section apply whether the person entering upon the leased land is an invitee, licensee, trespasser, or otherwise.

 

53-08-05. Failure to warn against dangerous conditions -- Charge to enter.

Nothing in this chapter limits in any way any liability which otherwise exists for: 1. Willful and malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or 2. Injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state.

 

53-08-06. Duty of care or liability for injury.

Nothing in this chapter may be construed as creating a duty of care or grounds of liability for injury to person or property. Nothing herein limits in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in his use of such land and in his activities thereon.

 

Amended in 1995.
Reviewed by AAHS in July 2001.


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