TITLE 76. TORTS
As used in this act:
(a) "Land" means land which is used primarily for farming or ranching activities, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities.
(b) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
(d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
11. Entry upon farm or ranch lands for recreational purposes--Duty of owner
Except as specifically recognized by or provided in Section 5 of this act, an owner of land which is used primarily for farming or ranching activities 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.
12. Use of property without charge--Liability of owner
Except as specifically recognized by or provided in Section 5 of this act, an owner of land which is used primarily for farming or ranching activities, who either directly or indirectly invites or permits without charge any person to use such property for recreational purposes, does not thereby:
(a) Extend any assurance that the premises are safe for any purpose.
(b) Confer upon such person the legal status of an invitee or licensee.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
13. Agricultural lands, historic places and lands leased to the state
Unless otherwise agreed in writing, the provisions of Sections 11 and 12 of this title shall be deemed applicable to the duties and liability of an owner of land which is used by the owner primarily for farming or ranching activities, is on or adjoins land entered upon the National Register of Historic Places and for which an easement has been granted to the Oklahoma Historical Society, or is leased to the state or any subdivision thereof for recreational purposes.
14. Willful or malicious failure to warn--Charges to enter land
Nothing in this act limits in any way any liability which otherwise exists:
(a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.
(b) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
15. Duty of care or ground of liability not created-- Persons using lands not relieved
Nothing in this act shall be construed to:
(a) Create a duty of care or ground of liability for injury to persons or property.
(b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this act to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.
§ 15.1. Agricultural land--Trespass--Duty owed
A. An owner, lessee, or occupant of agricultural land:
1. Does not owe a duty of care to a trespasser on the land; and
2. Is not liable for any injury to a trespasser, except for willful or wanton acts of negligence or gross negligence by the owner, lessee, or other occupant of the land.
B. Agricultural land is defined as any real property that is used in production of plants, fruits, wood, or farm or ranch animals to be sold off the premises.
Reviewed by AAHS in July 2001.
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