Chapter 19 - Liability Of Owners Of Land Used For Recreation Purposes
CHAPTER 19 - LIABILITY OF OWNERS OF LAND USED FOR RECREATIONPURPOSES
34-19-101. Definitions.
(a) As used in this act:
(i) "Land" means land, including state land, roads,water, watercourses, private ways and buildings, structures, and machinery orequipment when attached to the realty;
(ii) "Owner" means the possessor of a fee interest, atenant, lessee, including a lessee of state lands, occupant or person incontrol of the premises;
(iii) "Recreational purpose" includes, but is notlimited to, any one (1) or more of the following: hunting, fishing, swimming,boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports and viewing or enjoying historical, archaeological,scenic or scientific sites;
(iv) "Charge" means the admission price or fee askedin return for invitation or permission to enter or go upon the land;
(v) "This act" means W.S. 34-19-101 through34-19-106.
34-19-102. Landowner's duty of care or duty to give warnings.
Exceptas specifically recognized by or provided in W.S. 34-19-105, an owner of landowes no duty of care to keep the premises safe for entry or use by others forrecreational purposes, or to give any warning of a dangerous condition, use,structure or activity on such premises to persons entering for recreationalpurposes.
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 orpermits without charge any person to use the land for recreational purposes ora lessee of state lands does not thereby:
(i) Extend any assurance that the premises are safe for anypurpose;
(ii) Confer upon the person using the land the legal status ofan invitee or licensee to whom a duty of care is owed;
(iii) Assume responsibility for or incur liability for any injuryto person or property caused by an act of omission of the person using theland.
34-19-104. Application to land leased to state or political subdivisionthereof.
(a) Unless otherwise agreed in writing W.S. 34-19-102 and34-19-103 shall be deemed applicable to the duties and liability of:
(i) An owner of land leased to the state or any subdivision ofthis state for recreational purposes;
(ii) An owner of land on which the state or any subdivision ofthe state has an easement for vehicle parking and land access for recreationalpurposes.
34-19-105. When landowner's liability not limited.
(a) Nothing in this act limits in any way any liability whichotherwise exists:
(i) For willful or malicious failure to guard or warn against adangerous condition, use, structure, or activity, except an owner whose land isadjacent to a national scenic trail designated by the United States congressand who has conveyed an easement across his lands for purposes of a designatednational scenic trail shall owe no duty of care to keep the adjacent lands safeor to give any warning of a dangerous condition, use, structure or activity onthe adjacent lands. The installation of a sign, other form of warning ormodification made to improve safety shall not create liability on the part ofan owner of the adjacent land if there is no other basis for liability;
(ii) For injury suffered in any case where the owner of landcharges 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 thisstate, any consideration received by the owner for the lease shall not bedeemed a charge within the meaning of this section.
34-19-106. Duty of care, not created; duty of care of persons usingland.
(a) Nothing in this act shall be construed to:
(i) Create a duty of care or ground of liability for injury topersons or property;
(ii) Relieve any person using the land of another forrecreational purposes from any obligation which he may have in the absence ofthis act to exercise care in his use of the land and in his activities on theland, or from the legal consequences of failure to employ such care.
34-19-107. User liability for damages.
Any person using the land of another for recreationalpurposes, with or without permission, shall be liable for any damage toproperty, livestock or crops which may be caused by the person while on theproperty.