Sec. 52-557k. Liability of landowner who allows persons to harvest firewood or fruits or vegetables.
Sec. 52-557k. Liability of landowner who allows persons to harvest firewood
or fruits or vegetables. (a) As used in this section: (1) "Owner" means the possessor
of a fee interest, a tenant, occupant or person in control of the premises; (2) "harvesting"
means the cutting and removal of designated standing trees, down trees, tree tops and
other logging slash or debris suitable for use as firewood or the picking and removal of
designated fruits or vegetables; (3) "charge" means the fee asked in return for a specified
volume of firewood or a specified volume of fruits or vegetables and the right to harvest
such firewood or such fruits or vegetables.
(b) Any owner of land who invites or permits any person (1) to enter the land or a
part thereof to harvest firewood, with or without charge, or (2) to enter the land or a
part thereof to harvest fruits or vegetables, without charge, on behalf of a nonprofit
organization or nonprofit corporation for use by such nonprofit organization or nonprofit
corporation or for distribution to other nonprofit organizations or nonprofit corporations,
shall not be liable for damages as a result of injury to such person when such injury
arises out of the use of the land or out of the act of harvesting firewood or harvesting
fruits or vegetables, unless such injury is caused by such owner's failure to warn of a
dangerous hidden hazard actually known to such owner.
(c) This section shall not apply to (1) an owner who sells more than one hundred
cords of firewood each calendar year, (2) an owner who operates a "pick or cut your
own agricultural operation" as defined in section 52-568a, or (3) an owner who operates
an agricultural operation to which the public is invited and charged for produce harvested
and removed from the land.
(Oct. Sp. Sess. P.A. 79-12, S. 1, 3; P.A. 01-82.)
History: P.A. 01-82 made section applicable to owners who permit persons to harvest fruits or vegetables under certain
circumstances, amending Subsec. (a) to redefine "harvesting" to include the picking and removal of designated fruits or
vegetables and redefine "charge" to include the fee asked in return for a specified volume of fruits or vegetables and the
right to harvest such fruits or vegetables, amending Subsec. (b) to designate existing provisions re person entering the land
to harvest firewood as Subdiv. (1) and add new Subdiv. (2) re person entering the land to harvest fruits or vegetables on
behalf of a nonprofit corporation or nonprofit organization for use or distribution by such nonprofit corporation or nonprofit
organization and amending Subsec. (c) to designate existing provision re inapplicability of section to owner who sells
more than 100 cords of firewood as Subdiv. (1), add Subdiv. (2) re owner who operates a "pick or cut your own agricultural
operation" and add Subdiv. (3) re owner who operates an agricultural operation to which the public is invited and charged
for produce harvested and removed from the land.
Cited. 194 C. 129. Cited. 238 C. 653. Recreational land use act, Sec. 52-557f et seq. cited. Id. Cited. Id., 687. Recreational
land use act, Sec. 52-557f et seq. cited. Id.
Cited. 10 CA 86.