TITLE 34. PROPERTY, CONVEYANCES AND SECURITY TRANSACTIONS
CHAPTER 19. LIABILITY OF OWNERS OF LAND USED FOR RECREATION PURPOSES
(a) As used in this act:
(i) "Land" means land, including state land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(ii) "Owner" means the possessor of a fee interest, a tenant, lessee, including a lessee of state lands, occupant or person in control of the premises;
(iii) "Recreational purpose" includes, but is not limited to, any one (1) or more of the following: 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;
(iv) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land;
(v) "This act" means W.S. 34-19-101 through 34-19-106.
34-19-102. Landowner's duty of care or duty to give warnings
Except as specifically recognized by or provided in W.S. 34-19-105, 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 recreational purposes.
34-19-103. Limitations on landowner's liability
(a) Except as specifically recognized by or provided in W.S. 34-19-105, an owner of land who either directly or indirectly invites or permits without charge any person to use the land for recreational purposes or a lessee of state lands does not thereby:
(i) Extend any assurance that the premises are safe for any purpose;
(ii) Confer upon the person using the land the legal status of an invitee or licensee to whom a duty of care is owed;
(iii) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of the person using the land.
34-19-104. Application to land leased to state or political subdivision thereof
Unless otherwise agreed in writing W.S. 34-19-102 and 34- 19-103 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision of this state for recreational purposes.
34-19-105. When landowner's liability not limited
(a) Nothing in this act limits in any way any liability which otherwise exists:
(i) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity;
(ii) For injury suffered in any case where the owner of land charges the persons who enter or go on the land for recreational purposes, except that in the case of land leased to the state or a subdivision of this state, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.
34-19-106. Duty of care, not created; duty of care of persons using land
(a) Nothing in this act shall be construed to:
(i) Create a duty of care or ground of liability for injury to persons or property;
(ii) 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 the land and in his activities on the land, or from the legal consequences of failure to employ such care.
Reviewed by AAHS in July 2001.
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