50 STATE SURVEY
50 STATE SURVEY of respective recreational use statutes as of February 2021
We present here PORTIONS of recreational use statutes (RUS) of the 50 states that should be of interest to owners of privately owned, private use airfields. Each listing includes pertinent language regarding aviation. This is an overview. It is highly recommended that you review your state’s statute in its entirety. Words boldface type may be of particular interest to airfield owners.
A Typical Recreational Use Statute (RUS)
Below is a “composite” Recreational Use Statute that is typical of many states. Generally speaking, a landowner’s liability is limited if others are allowed to use their land for recreational purposes if no fee (consideration) is charged to the user, and there is no malicious intent on the part of the landowner to injure the user. There may be other aspects of the statute that you need to know. Your specific state RUS WILL vary somewhat and should be reviewed in its entirety. We have provided internet links to the various state statutes for your review. We highly recommend that you look up the current and complete language in its Title, Chapter and Subchapter, etc. Links and statutes may change from time to time. Some liability protections for airstrip owners are in statutes other than the state recreational use statutes, and in such cases we have attempted to provide links pertaining to these protections for landowners with airstrips. Links were active as of the last review of these statutes on 2/20/2021. If you have questions, please email contact@theraf.org.
“Composite” RUS language. This DOES NOT PERTAIN TO ANY SPECIFIC STATE.
The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
An owner of any estate or any other interest in real property, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.
A “recreational purpose,” as used in this section, includes, but is not limited to, such activities as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.
An owner of any estate or any other interest in real property who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for that purpose, or (b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, or (c) assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom permission has been granted except as provided in this section.
This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration.
Nothing in this section creates a duty of care or ground of liability for injury to person or property.
End.
Summary
At the time of this posting in February 2021, more than half of the states specifically enumerate aviation activity language in their respective recreational use statutes, or in a separate statute regarding aeronautics, or property classifications. See a list of these state RUS’s that contain aviation language below. There is variation among the fifty states as to the efficacy of each recreational use statute in its ability to deter lawsuits. In whatever state you are interested, we suggest that you research the cases that have been filed that involved the recreational use statute and the resulting outcomes.
More detailed information and the full language of each state recreational use statute can be found by searching the various state.gov websites. Some links we have provided may bring you directly to the RUS language. With other links you may need to use the Title, Chapter and Section information provided after clicking on the link. If a link does not seem to work, try copying and pasting it directly into your browser. We have done our best to provide links, but just as each recreational use statute is unique, each state has its own evolving method of providing the public with statute information.
The RAF assumes no responsibility for providing legal advice.
States with aviation language in the Recreational Use Statute or other liability limiting statute as of February 2021:
ALABAMA, ALASKA, ARIZONA, ARKANSAS, CALIFORNIA, GEORGIA, IDAHO, KANSAS, MAINE, MASSACHUSETTS, MINNESOTA, MISSOURI, MONTANA, NEW HAMPSHIRE, NEW MEXICO, OKLAHOMA, OREGON, PENNSYLVANIA, SOUTH CAROLINA, SOUTH DAKOTA, TENNESSEE, UTAH, VERMONT, VIRGINIA, WASHINGTON, WEST VIRGINIA, WISCONSIN, WYOMING
States with a liberal definition of recreation that do not list specific recreational activities as of February 2021:
ILLINOIS, MARYLAND, NORTH CAROLINA, NORTH DAKOTA
http://codes.lp.findlaw.com/alcode/35/15
TITLE 35 CHAPTER 15
See: GENERAL PROVISIONS 35-15-1 through 35-15-5
See: LIMITATION OF LIABILITY FOR NON-COMMERCIAL PUBLIC RECREATIONAL USE OF LAND
35-15-20 through 35-15-28
35-15-20. LEGISLATIVE INTENT It is hereby declared that there is a need for outdoor recreational areas in this state which are open for public use and enjoyment; that the use and maintenance of these areas will provide beauty and openness for the benefit of the public and also assist in preserving the health, safety, and welfare of the population; that it is in the public interest to encourage owners of land to make such areas available to the public for non-commercial recreational purposes by limiting such owners' liability towards persons entering thereon for such purposes; that such limitation on liability would encourage owners of land to allow non-commercial public recreational use of land which would not otherwise be open to the public, thereby reducing state expenditures needed to provide such areas.
35-15-21 (3) RECREATIONAL USE or RECREATIONAL PURPOSE.
Participation in or viewing of activities including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, picnicking, winter sports, animal or vehicular riding, or visiting, viewing or enjoying historical, archeological, scenic or scientific sites, and any related activity.
35-15-28. OWNER MUST ESTABLISH USE
(a) The liability limitation protection of this article may be asserted only by an owner who can reasonably establish that the outdoor recreational land was open for non-commercial use to the general public at the time of the injury to a person using such land for any public recreational purpose. Any owner may create a rebuttable presumption of having opened land for non-commercial public recreational use by:
(1) Posting signs around the boundaries and at the entrance(s) of such land; or
(2) Publishing a notice in a newspaper of general circulation in the locality in which the outdoor recreational land is situated, and describing such land; or
(3) Recording a notice in the public records of any county in which any part of the outdoor recreational land is situated, and describing such land; or
(4) Any act similar to subdivisions (1), (2), or (3) of subsection (a), which is designed to put the public on notice that such outdoor recreational land is open to non-commercial public recreational use.
http://codes.lp.findlaw.com/akstatutes/9/09.65./09.65.093
TITLE 9 CHAPTER 65
SECTION 09.65.093 CIVIL LIABILITY RELATING TO AIRCRAFT RUNWAYS, AIRFIELDS, AND LANDING AREAS.
09.65.93 (a) Except as provided in (c) of this section, a person who without compensation owns, operates, constructs, maintains, or repairs an aircraft runway, airfield, or landing area may not be held civilly liable, except for an act or omission that constitutes gross negligence or recklessness or intentional misconduct, for the injury to or death of a person or for damage to an aircraft, resulting from the use of the runway, airfield, or landing areal to take off, land, park, or operate an aircraft.
(c) The immunity from civil liability under (a) of this section does not limit the liability of an owner or operator of an aircraft runway, airfield, or landing area to a provider of flight services or its passengers under contract with the owner or operator
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01551.htm
ARIZONA REVISED STATUTES
TITLE 33 SECTION 1551
33-1551. Duty of owner, lessee or occupant of premises to recreational or educational users; liability; definitions
A. A public or private owner, easement holder, lessee, tenant, manager or occupant of premises is not liable to a recreational or educational user except on a showing that the owner, easement holder, lessee, tenant, manager or occupant was guilty of wilful, malicious or grossly negligent conduct that was a direct cause of the injury to the recreational or educational user.
C. For the purposes of this section:
5. "Recreational user" means a person to whom permission has been granted or implied without the payment of an admission fee or any other consideration to travel across or to enter premises to hunt, fish, trap, camp, hike, ride, engage in off-highway vehicle, off-road recreational motor vehicle or all-terrain vehicle activity, operate aircraft, exercise, swim or engage in other outdoor recreational pursuits. The purchase of a state hunting, trapping or fishing license, an off-highway vehicle user indicia or a state trust land recreational permit or payment by an agency of this state to an owner, easement holder or lessee for public recreational access to the premises is not the payment of an admission fee or any other consideration as provided in this section. A nominal fee that is charged by a public entity or a nonprofit corporation to offset the cost of providing the educational or recreational premises and associated services does not constitute an admission fee or any other consideration as prescribed by this section. Recreational user does not include a student who is registered at a school during designated times that the student is allowed to be on the school grounds as determined by district personnel or who is participating in a school-sanctioned activity.
http://www.lexisnexis.com/hottopics/arcode/Default.asp18-11-301
TITLE 18, SUBTITLE 2 REAL PROPERTY, CHAPTER 11 REAL PROPERTY INTERESTS GENERALLY
SUBCHAPTER 3 RECREATIONAL USES – OWNERS LIABILITY
18-11-301 PURPOSE.
The purpose of this subchapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
18-11-302. DEFINITIONS.
As used in this subchapter:
(1) "Aviation" means taking off, flying, or landing an airplane or aircraft;
(3) "Land" means land, roads, water, watercourses, airstrips, private ways and buildings,
structures, and machinery or equipment when attached to the realty;
(6) "Recreational purpose" includes, but is not limited to, any of the following or any
combination thereof:
(A) Hunting (B) Fishing;(C) Swimming;(D) Boating; (E) Camping; (F) Picnicking;
(G) Hiking, (H) Pleasure driving; (I) Nature study; (J) Water skiing; (K) Winter sports;
(L) Spelunking; (M) Aviation; (N) Viewing or enjoying historical, archeological, scenic, or
scientific sites; and (O) Any other activity undertaken for exercise, education, relaxation, or
pleasure on land owned by another.
18-11-304. Duty of care.
Except as specifically recognized by or provided in § 18-11-307, 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 the premises to persons entering for recreational purposes.
18-11-305. Owner's immunity from liability.
Except as specifically recognized by or provided in § 18-11-307, an owner of land who, either directly or indirectly, invites or permits without charge any person to use his or her property for recreational purposes does not thereby:
(1) Extend any assurance that the lands or premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons; or
(4) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.
18-11-307. Exceptions to owner's immunity.
Nothing in this subchapter limits in any way liability which otherwise exists:
(1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and
(2) For injury suffered in any case in which 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, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=846
CIVIL CODE – CIV DIVISION 2. PROPERTY [654 - 1422] PART 2. REAL OR IMMOVABLE PROPERTY [755.] - 945.5] TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS [818 - 855]
846.
(a) An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.
(b) A “recreational purpose,” as used in this section, includes activities such as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding , snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.
http://www.lexisnexis.com/hottopics/Colorado/
Colorado Revised Statutes Annotated C.R.S.A. § 33-41-101
TITLE 33 PARKS AND WILDLIFE, RECREATIONAL AREAS AND SKI SAFETY, ARTICLE 41 OWNERS OF RECREATIONAL AREAS-LIABILITY 33-41-101 through 106
33-41-101. LEGISLATIVE DECLARATION
The purpose of this article is to encourage owners of land to make land and water areas available for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
C.R.S.A. § 33-41-102
§ 33-41-102. DEFINITIONS
5) "Recreational purpose" includes, but is not limited to, any sports or other recreational activity of whatever nature undertaken by a person while using the land, including ponds, lakes, reservoirs, streams, paths, and trails appurtenant thereto, of another and includes, but is not limited to, any hobby, diversion, or other sports or other recreational activity such as: Hunting, fishing, camping, picnicking, hiking, horseback riding, snowshoeing, cross country skiing, bicycling, riding or driving motorized recreational vehicles, swimming, tubing, diving, spelunking, sight-seeing, exploring, hang gliding, rock climbing, kite flying, roller skating, bird watching, gold panning, target shooting, ice skating, ice fishing, photography, or engaging in any other form of sports or other recreational activity.
33-41-103. LIMITATION ON LANDOWNER’S LIABILITY
(1) Subject to the provision of section 33-41-105, 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:
(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 to whom a duty of care is owed;
(c) Assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person.
33-41-105.5. PREVAILING PARTY – ATTORNEY FEES AND COSTS
The prevailing party in any civil action by a recreational user for damages against a landowner who allows the use of the landowner's property for public recreational purposes shall recover the costs of the action together with reasonable attorney fees as determined by the court.
https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-557f
CHAPTER 925* STATUTORY RIGHTS OF ACTION AND DEFENSES
SECTION 52-557f. LANDOWNER LIABILITY FOR RECREATIONAL USE OF LAND.
As used in sections 52-557f to 52-557i, inclusive:
Sec. 52-557f. Landowner liability for recreational use of land. Definitions.
(4) "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, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning, bicycling and viewing or enjoying historical, archaeological, scenic or scientific sites.
Sec. 52-557g. Liability of owner of land available to public for recreation; exceptions.
(a) Except as provided in section 52-557h, an owner of land who makes all or any part of the land available to the public without charge, rent, fee or other commercial service for recreational purposes owes no duty of care to keep the land, or the part thereof so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on the land to persons entering for recreational purposes.
(b) Except as provided in section 52-557h, an owner of land who, either directly or indirectly, invites or permits without charge, rent, fee or other commercial service any person to use the land, or part thereof, for recreational purposes does not thereby: (1) Make any representation that the premises are safe for any purpose; (2) confer upon the person who enters or uses the land for recreational purposes 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 the owner.
(c) Unless otherwise agreed in writing, the provisions of subsections (a) and (b) of this section shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.
http://delcode.delaware.gov/title7/c059/index.shtml
TITLE 7 ARCHAEOLOGICAL AND GEOLOGICAL RESOURCES
CHAPTER 59. PUBLIC RECREATION ON PRIVATE LANDS
§ 5901 Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes, whether such persons entered upon the land of the owner with or without consent of the owner.
§ 5902 Definitions.
As used in this chapter:
4) "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.
§ 5903. Limitation on duty of owner.
Except as specifically recognized by or provided in § 5906 of this title, 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. The limitation of duty of the owner granted by this section applies whether such persons entered upon the land of the owner with or without consent of the owner.
§ 5904. Use of land without charge; limits of liability.
(a) Except as specifically recognized by or provided in § 5906 of this title, 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 person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility, or incur liability, for any injury to person or property caused by an act of omission of such persons.
(b) The limits of liability of an owner as set forth under this section shall apply whether the person entered upon the land of the owner with or without consent of the owner.
§ 5906. Limitations on exemption from liability.
Nothing in this chapter limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;
(2) 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.
TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
CHAPTER 375 OUTDOOR RECREATION AND CONSERVATION LANDS
375.251 Limitation on liability of persons making available to public certain areas for recreational purposes without charge.
(1) The purpose of this section is to encourage persons to make land, water areas, and park areas available to the public for outdoor recreational purposes by limiting their liability to persons using these areas and to third persons who may be damaged by the acts or omissions of persons using these areas.
(2)(a) An owner or lessee who provides the public with an area for outdoor recreational purposes owes no duty of care to keep that area safe for entry or use by others, or to give warning to persons entering or going on that area of any hazardous conditions, structures, or activities on the area. An owner or lessee who provides the public with an area for outdoor recreational purposes:
1. Is not presumed to extend any assurance that the area is safe for any purpose;
2. Does not incur any duty of care toward a person who goes on the area; or
3. Is not liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the area.
(b) Notwithstanding the inclusion of the term “public” in this subsection and subsection (1), an owner or lessee who makes available to any person an area primarily for the purposes of hunting, fishing, or wildlife viewing is entitled to the limitation on liability provided herein so long as the owner or lessee provides written notice of this provision to the person before or at the time of entry upon the area or posts notice of this provision conspicuously upon the area.
(c) The Legislature recognizes that an area offered for outdoor recreational purposes may be subject to multiple uses. The limitation of liability extended to an owner or lessee under this subsection applies only if no charge is made for entry to or use of the area for outdoor recreational purposes and no other revenue is derived from patronage of the area for outdoor recreational purposes.
(4) This section does not relieve any person of liability that would otherwise exist for deliberate, willful, or malicious injury to persons or property. This section does not create or increase the liability of any person.
(5) As used in this section, the term:
(a) “Area” includes land, water, and park areas.
(b) “Outdoor recreational purposes” includes, but is not limited to, hunting, fishing, wildlife viewing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, motorcycling, and visiting historical, archaeological, scenic, or scientific sites.
https://law.justia.com/codes/georgia/2019/title-51/chapter-3/
TITLE 51. TORTS
CHAPTER 3. LIABILITY OF OWNERS AND OCCUPIERS OF LAND
ARTICLE 2. OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES
O.C.G.A. § 51-3-20 through 26
§ 51-3-20 Purpose
The purpose of this article is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting the owners' liability toward persons entering thereon for recreational purposes.
O.C.G.A. § 51-3-21 (2015)
§ 51-3-21. Definitions
(4) "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, aviation activities, nature study, water skiing, winter sports, and
viewing or enjoying historical, archeological, scenic, or scientific sites.
§ 51-3-22 Duty of owner of land to those using same for recreation generally
Except as specifically recognized by or provided in Code Section 51-3-25, 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 the premises to persons entering for recreational purposes.
§ 51-3-23 Except as specifically recognized by or provided in Code Section 51-3-25, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon such person 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 of omission of such persons.
§ 51-3-25 Nothing in this article limits in any way any liability which otherwise exists:
(1) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or
(2) On a date when the owner of land charges any individual who lawfully enters such land for recreational use and any individual is injured in connection with the recreational use for which the charge was made, provided that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this Code section.
http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0520/
HRS VOLUME 12 CHAPTER 501-588 CHAPTERS 0520 to 0520-0008
§520-1 Purpose. The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
§520-2 Definitions. As used in this chapter:
"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.
"Recreational user" means any person who is on or about the premises that the owner of land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes.
§520-3 Duty of care of owner limited. Except as specifically recognized by or provided in section 520-6, 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, or to persons entering for a purpose in response to a recreational user who requires assistance, either direct or indirect, including but not limited to rescue, medical care, or other form of assistance.
§520-4 Liability of owner limited. (a) Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of such persons; and
(4) Assume responsibility for, or incur liability for, any injury to person or persons who enter the premises in response to an injured recreational user.
§520-5 Exceptions to limitations. Nothing in this chapter limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates.
(2) 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 political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
(3) For injuries suffered by a house guest while on the owner's premises, even though the injuries were incurred by the house guest while engaged in one or more of the activities designated in section
https://legislature.idaho.gov/statutesrules/idstat/Title36/T36CH16/SECT36-1604/
TITLE 36
FISH AND GAME
CHAPTER 16 RECREATIONAL TRESPASS -- LANDHOLDER LIABILITY LIMITED
36-1604. Limitation of liability of landowner.
(a) Statement of Purpose. The purpose of this section is to encourage owners of land to make land, airstrips and water areas available to the public without charge for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
(b) Definitions. As used in this section:
(1) "Airstrips" means either improved or unimproved landing areas used by pilots
to land, park, take off, unload, load and taxi aircraft. Airstrips shall not include
landing areas which are or may become eligible to receive federal funding pursuant to
the federal airport and airway improvement act of 1982 and subsequent amendments
thereto.
(2) "Land" means private or public land, roads, airstrips, trails, water, watercourses,
irrigation dams, water control structures, headgates, private or public ways and
buildings, structures, and machinery or equipment when attached to or used on the
realty.
(4) "Recreational purposes" includes, but is not limited to, any of the following
activities or any combination thereof: hunting, fishing, swimming, boating, rafting, tubing,
camping, picnicking, hiking, pleasure driving, the flying of aircraft, bicycling, running,
playing on playground equipment, skateboarding, athletic competition, nature study,
water skiing, animal riding, motorcycling, snowmobiling, recreational vehicles, winter
sports, and viewing or enjoying historical, archeological, scenic, geological or scientific
sites, when done without charge of the owner.
(c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the premises safe for entry 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. Neither the installation of a sign or other form of warning of a dangerous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others, nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety, shall create liability on the part of an owner of land where there is no other basis for such liability.
(d) Owner Assumes No Liability. An owner of land or equipment 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 person the legal status of an invitee or licensee to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
(h) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to:
(1) Create a duty of care or ground of liability for injury to persons or property.
(2) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this section to exercise care in his use of such land and in his activities thereon, or from legal consequences or failure to employ such care.
(3) Apply to any person or persons who for compensation permit the land to be used for recreational purposes.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2081&ChapterID=58
ILLINOIS COMPILED STATUTES
CIVIL IMMUNITIES
745 ILCS 65 RECREATIONAL USE OF LAND AND WATER AREAS ACT.
745 ILCS 65/1
Sec.1. This Act shall be known and may be cited as the "Recreational Use of Land and Water Areas Act".
The purpose of this Act is to encourage owners of land to make land and water areas
available to any individual or members of the public for recreational or conservation
purposes by limiting their liability toward persons entering thereon for such purposes.
745 ILCS 65/2
(c) "Recreational or conservation purpose" means:
(1) entry onto the land of another to conduct hunting or recreational shooting or a combination
thereof or any activity solely related to the aforesaid hunting or recreational shooting; or
(2) entry by the general public onto the land of another for any activity undertaken for conservation, resource management, educational, or outdoor recreational use.
745 ILCS 65/4
Except as specifically recognized by or provided in Section 6 of this Act, an owner of land who permits without charge and person to use such property for recreational or conservation purposes does not thereby:
(a) Extend and assurance that the premises are safe for any purpose.
(c) Assume responsibility for or incur liability for any injury to person or property cause by an act or omission of such person or any other person who enters upon the land.
(d) Assume responsibility for or incur liability for any injury to such person or property caused by any natural or artificial condition, structure or personal property on the premises.
745 ILCS 65/6
Nothing in this Acton limits in any way any liability which otherwise exists:
(a) For willful and wanton 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 invites, as defined in subsection (f) of Section 2 of this Act, or charges the person or persons who enter or go on the land for the recreational use thereon.
http://iga.in.gov/legislative/laws/2020/ic/titles/014/articles/022/
INDIANA CODE (IC)
TITLE 14. NATURAL AND CULTURAL RESOURCES
ARTICLE 22 FISH AND WILDLIFE, CHAPTER 10 WILDLIFE REGULATION
IC 14-22-10-2 Restrictions on landowner liability to recreational users
(d) A person who goes upon or through the premises, including caves, of another:
(1) with or without permission; and
(2) either:
(A) without the payment of monetary consideration; or
(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government;
for the purpose of swimming, camping, hiking, sightseeing, or any other purpose (other than the purposes described in section 2.5 of this chapter) does not have an assurance that the premises are safe for the purpose.
(e) The owner of the premises does not:
(1) assume responsibility; or
(2) incur liability;
for an injury to a person or property caused by an act or failure to act of other persons using the premises.
(f) This section does not affect the following:
(1) Existing Indiana case law on the liability of owners or possessors of premises with respect to the following:
(A) Business invitees in commercial establishments.
(B) Invited guests.
(2) The attractive nuisance doctrine.
(g) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.
https://www.legis.iowa.gov/
TITLE XI NATURAL RESOURCES, SUBTITLE 2 LANDS AND WATERS
CHAPTER 461C PUBLIC USE OF PRIVATE LANDS AND WATERS
461C.1 Purpose.
The purpose of this chapter is to encourage private holders of land to make land and water areas available to the public for a recreational purpose and for urban deer control by limiting a holder’s liability toward persons entering onto the holder’s property for such purposes. The provisions of this chapter shall be construed liberally and broadly in favor of private holders of land to accomplish the purposes of this chapter.
461C.2 Definitions.
5. “Recreational purpose” means the following or any combination thereof: hunting, trapping, horseback riding, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycling, all-terrain vehicle riding, nature study, water skiing, snowmobiling, other summer and winter sports, educational activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites while going to and from or actually engaged therein.
“Recreational purpose” includes the activity of accompanying another person who is engaging in such activities. “Recreational purpose” is not limited to active engagement in such activities, but includes entry onto, use of, passage over, and presence on any part of the land in connection with or during the course of such activities.
461C.3 Liability of holder limited.
1. Except as specifically recognized by or provided in section 461C.6, a holder of land does not owe a duty of care to keep the premises safe for entry or use by others for a recreational purpose or urban deer control, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes. 2. Except as specifically recognized by or provided in section 461C.6, a holder of land does not owe a duty of care to others solely because the holder is guiding, directing, supervising, or participating in any recreational purpose or urban deer control undertaken by others on the holder’s land.
461C.4 Users not invitees or licensees.
Except as specifically recognized by or provided in section 461C.6, a holder of land who either directly or indirectly invites or permits without charge any person to use such property for a recreational purpose or urban deer control does not thereby: 1. Extend any assurance that the premises are safe for any purpose. 2. Confer upon such person the legal status of an invitee or licensee to whom the duty of care is owed. 3. Assume a duty of care to such person solely because the holder is guiding, directing, supervising, or participating in any recreational purpose or urban deer control undertaken by the person on the holder’s land. 4. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
461C.6 When liability lies against holder.
Nothing in this chapter limits in any way any liability which otherwise exists: 1. For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. 2. For injury suffered in any case where the holder of land charges the person or persons who enter or go on the land for the recreational use thereof or for deer hunting, except that in the case of land or any interest or right therein, leased or transferred to, or the subject of any agreement with, the United States or any agency thereof or the state or any agency thereof or subdivision thereof, any consideration received by the holder for such lease, interest, right, or agreement shall not be deemed a charge within the meaning of this section.
(noncommercial aviation activities)
CHAPTER 58, ARTICLE 32 – LAND AND WATER RECREATIONAL AREAS
58-3201 LIMITING LIABILITY OF PROPERTY OWNERS TO PERSONS ENTERING PREMISES FOR RECREATIONAL PURPOSES. The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
58-3202. DEFINITIONS. As used in this act:
(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, noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic, or scientific sites.
58-3203. Limited liability of property owners; owner's duty of care. Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, 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. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning.
58-3204. Same; owner's responsibility. Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property, or any part of 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 to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
58-3206. Same; nonapplication of act to certain liabilities. 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 nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural 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.
58-3207. Same; construction of act as to certain liabilities and obligations. 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 such person may have in the absence of this act to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care.
https://apps.legislature.ky.gov/law/statutes/
KENTUCKY REVISED STATUTES
See: TITLE XXXVI: STATUTORY ACTIONS AND LIMITATIONS. CHAPTER 411: RIGHTS OF ACTION AND SURVIVAL OF ACTIONS. Section .190
§411.190 Obligations of owner to persons using land for recreation.
(1) As used in this section:
(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, bicycling, horseback riding, pleasure driving, nature study, water-skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites;
(2) The purpose of this section is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
(3) Except as specifically recognized by or provided in subsection (6) of this section, 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 the premises to persons entering for such purposes.
(4) Except as specifically recognized by or provided in subsection (6) of this section, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreation purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; (b) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or (c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of those persons.
(6) Nothing in this section 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; or (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 the lease shall not be deemed a charge within the meaning of this section.
http://legis.la.gov/Legis/Law.aspx?d=107232
LOUISIANA REVISED STATUTES
TITLE 9 SECTION 2795
RS 9:2795
A.(3) "Recreational purposes" includes but is not limited to any of the following, or any combination thereof: hunting, fishing, trapping, swimming, boating, camping, picnicking, hiking, horseback riding, bicycle riding, motorized, or nonmotorized vehicle operation for recreation purposes, nature study, water skiing, ice skating, roller skating, roller blading, skate boarding, sledding, snowmobiling, snow skiing, summer and winter sports, or viewing or enjoying historical, archaeological, scenic, or scientific sites.
B.(1) Except for willful or malicious failure to warn against a dangerous condition, use, structure, or activity, an owner of land, except an owner of commercial recreational developments or facilities, who permits with or without charge any person to use his land for recreational purposes as herein defined does not thereby:
(a) Extend any assurance that the premises are safe for any purposes.
(b) Constitute such person the legal status of an invitee or licensee to whom a duty of care is owed.
(c) Incur liability for any injury to person or property caused by any defect in the land regardless of whether naturally occurring or man-made.
(noncommercial aviation activities)
http://legislature.maine.gov/statutes/14/title14sec159-A.html
TITLE 14 COURT PROCEDURE, Part 1 GENERAL PROVISIONS, CHAPTER 7 DEFENSES
GENERALLY, SECTION 159-A
§ 159-A. LIMITED LIABILITY FOR RECREATIONAL OR HARVESTING ACTIVITIES
1. Definitions
B. “Recreational or harvesting activities” means recreational activities conducted out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, environmental education and research, hiking, recreational caving, sight-seeing, operation snow-traveling and all-terrain vehicles, skiing, hang-gliding, noncommercial aviation activities, dog sledding, quine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field or marine, products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. “Recreational or harvesting activities” does not include commercial agricultural or timber harvesting.
2. Limited duty. An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises.
3. Permissive use. An owner, lessee, manager, holder of an easement or occupant who gives permission to another to pursue recreational or harvesting activities on the premises does not thereby:
A. Extend any assurance that the premises are safe for those purposes;
B. Make the person to whom permission is granted an invitee or licensee to whom a duty of care is owed; or
C. Assume responsibility or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted even if that injury occurs on property of another person.
4. Limitations on section. This section does not limit the liability that would otherwise exist:
A. For a willful or malicious failure to guard or to warn against a dangerous condition, use, structure or activity;
B. For an injury suffered in any case where permission to pursue any recreational or harvesting activities was granted for a consideration other than the consideration, if any, paid to the following:
(1) The landowner or the landowner's agent by the State; or
(2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or
C. For an injury caused, by acts of persons to whom permission to pursue any recreational or harvesting activities was granted, to other persons to whom the person granting permission, or the owner, lessee, manager, holder of an easement or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
6. Costs and fees. The court shall award any direct legal costs, including reasonable attorneys' fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section.
https://law.justia.com/codes/maryland/2019/natural-resources/title-5/subtitle-11/
MD CODE
NATURAL RESOURCES, TITLE 5 FORESTS AND PARK
SUBTITLE 11 PUBLIC RECREATION ON PRIVATE LAND AND LAND OWNED BY LOCAL GOVERNMENTS, SECTIONS 1101 through 1109
§ 5-1101. Definitions
(g) “Recreational purpose” means any recreational pursuit.
§5–1102. (a) The purpose of this subtitle is to encourage any owner of land to make land, water, and airspace above the land and water areas available to the public for any recreational and educational purpose by limiting the owner’s liability toward any person who enters on land, water, and airspace above the land and water areas for these purposes.
§5–1103. Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land owes no duty of care to keep the premises safe for entry or use by others for any recreational or educational purpose, or to give any warning of a dangerous condition, use, structure, or activity on the premises to any person who enters on the land for these purposes.
§5–1104. Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land who either directly or indirectly invites or permits without charge persons to use the property for any recreational or educational purpose or to cut firewood for personal use does not by this action:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability as a result of any injury to the person or property caused by an act of omission of the person.
§5–1106. The provisions of this subtitle do not limit in any way any liability which otherwise exists for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or for injury suffered where the owner of the land charges the person who enters or goes on the land for recreational or educational use. However, if land is leased to the State or any of its political subdivisions, any consideration the owner receives for the lease is not a charge within the meaning of this section.
(private non-commercial flying)
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter61B/Section1
MASSACHUSETTS GENERAL LAWS ANNOTATED
M.G.L.A. 61B SECTION 1
CHAPTER 61B. CLASSIFICATION AND TAXATION OF RECREATIONAL LAND
§ 1. Recreational land and uses
For the purpose of this chapter, the term recreational use shall be limited to the following: hiking, camping, nature study and observation, boating, golfing, non-commercial youth soccer, horseback riding, hunting, fishing, skiing, swimming, picnicking, private non-commercial flying, including hang gliding, archery, target shooting and commercial horseback riding and equine boarding.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter21/Section17C
M.G.L.A. 21 SECTION 17C
§ 17C. Public use of land for recreational, conservation, scientific educational and other purposes; landowner's liability limited; exception
Section 17C. (a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, railroad and utility corridors, easements and rights of way, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee therefor, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of willful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person.
MICHIGAN COMPLIED LAWS
M.C.L.A. CHAPTER 324 SECTION 73301
324.73301 Liability of landowner, tenant, or lessee for injuries to persons on property for purpose of outdoor recreation or trail use, using Michigan trailway or other public trail, gleaning agricultural or farm products, fishing or hunting, or picking and purchasing agricultural or farm products at farm or “u-pick” operation; definition.
(1) Except as otherwise provided in this section, a cause of action shall not arise for injuries to a person who is on the land of another without paying to the owner, tenant, or lessee of the land a valuable consideration for the purpose of fishing, hunting, trapping, camping, hiking, sightseeing, motorcycling, snowmobiling, or any other outdoor recreational use or trail use, with or without permission, against the owner, tenant, or lessee of the land unless the injuries were caused by the gross negligence or willful and wanton misconduct of the owner, tenant, or lessee.
(Noncommercial aviation activities)
https://www.revisor.mn.gov/statutes/?id=604A.21
MINNESOTA STATUTES, CIVIL ACTIONS, CHAPTER 604A
604A.21 RECREATIONAL LAND USE DEFINITIONS
"Recreational purpose" includes, but is not limited to, hunting; trapping; fishing; swimming; boating; camping; picnicking; hiking; rock climbing; cave exploring; bicycling; horseback riding; firewood gathering; pleasure driving, including snowmobiling and the operation of any motorized vehicle or conveyance upon a road or upon or across land in any manner, including recreational trail use; nature study; water skiing; winter sports; noncommercial aviation activities; and viewing or enjoying historical, archaeological, scenic, or scientific sites. "Rock climbing" means the climbing of a naturally exposed rock face. "Cave exploring" means the planned exploration of naturally occurring cavities in rock, including passage through any structures placed for the purpose of safe access, access control, or conservation, but does not include the exploration of other man-made cavities such as tunnels, mines, and sewers. "Noncommercial aviation activities" means the use of private, nonstaffed airstrips for takeoffs and landings related to other recreational purposes under this subdivision that are not commercial operations under section 360.013, subdivision 45.
604A.22 OWNER'S DUTY OF CARE OR DUTY TO GIVE WARNINGS.
Except as provided in section 604A.25, an owner who gives written or oral permission for the use of the land for recreational purposes without charge:
(1) owes no duty of care to render or maintain the land safe for entry or use by other persons for recreational purpose;
(2) owes no duty to warn those persons of any dangerous condition on the land, whether patent or latent;
(3) owes no duty of care toward those persons except to refrain from willfully taking action to cause injury; and
(4) owes no duty to curtail use of the land during its use for recreational purpose.
http://www.lexisnexis.com/hottopics/mscode/
MISSISSIPPI CODE ANNOTATED
TITLE 89. REAL AND PERSONAL PROPERTY
CHAPTER 2. LIABILITY OF RECREATIONAL LANDOWNERS
ARTICLE 1. OUTDOOR RECREATIONAL LAND and ARTICLE 3 LIMITATION OF LIABILITY
§ 89-2-1. Declaration of purpose; effect of opening property for outdoor recreational purposes
The purpose of this chapter is to encourage persons to make available to the public land and water areas for outdoor recreational purposes. A lessee or owner who opens a land or water area to the public for outdoor recreational purposes shall not, by opening such land or water for such use:
(a) Be presumed to extend any assurance that such land or water area is safe for any purpose;
(b) Incur any duty of care toward a person who goes on the land or water area; or
(c) Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the land or water area.
The foregoing applies, whether the person going on the land or water area is an invitee, licensee, trespasser or otherwise.
§ 89-2-3. Definitions
The term "outdoor recreational purposes" as used in this chapter shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.
§ 89-2-7. Application of chapter
The provisions of this chapter shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said chapter shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.
§ 89-2-5. Certain liability not limited.
This article does not relieve any person of liability which would otherwise exist for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person.
§ 89-2-7. Application of article.
The provisions of this article shall not apply if any fee is charged for entering or using any part of such land or water outdoor recreational area, or if any concession is operated on said area offering to sell or selling any item or product to persons entering thereon for recreational purposes. Said article shall not apply unless public notice of the availability of such lands for such public use shall have been published once annually in a newspaper of general circulation in the county where such lands are situated.
https://revisor.mo.gov/main/OneSection.aspx?section=537.355&bid=28516&hl=
TITLE XXXVI
CHAPTER 537
SECTION 355
SECTION 537.355 Private property, permission by owner to hunt, fish, or recreate, limitation on privilege.
537.355. An owner of land who either directly or indirectly invites or permits without charge any person to use such property for hunting or fishing purposes or other recreational purpose, including but not limited to any aircraft or ultralight vehicle activity, does not thereby:
(1) Confer upon such person the legal status of an invitee or licensee and owes to such person only the duty of care as is owed to a trespasser under the law;
(2) Without the failure to exercise just ordinary care, assume responsibility for or incur liability for any injury to persons or property caused by an act or omission of such persons while hunting or fishing or engaging in other recreational activities, such as operating aircraft or ultralight vehicles;
(3) Without the failure to exercise just ordinary care, assume responsibility for or incur liability for any injury to persons or property, wherever such persons or property are located, caused while hunting or fishing or engaging in other recreational activities, such as operating aircraft or ultralight vehicles.
(private, noncommercial flying of aircraft)
https://leg.mt.gov/bills/mca/title_0700/chapter_0160/part_0030/sections_index.html
See: TITLE 70 CHAPTER 16 PART 3 SECTIONS 301 AND 302
MCA 70-16-301. RECREATIONAL PURPOSE DEFINED
"Recreational purposes", as used in this part, includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. The term includes the private, noncommercial flying of aircraft in relation to private land.
MCA 70-16-302 RESTRICTIONS ON LIABILITY OF LANDOWNER
Restriction on liability of landowner -- definitions. (1) A person who uses property, including property owned or leased by a public entity, for recreational purposes, with or without permission, does so without any assurance from the landowner that the property is safe for any purpose if the person does not give a valuable consideration to the landowner in exchange for the recreational use of the property. The landowner owes the person no duty of care with respect to the condition of the property, except that the landowner is liable to the person for any injury to person or property for an act or omission that constitutes willful or wanton misconduct. For purposes of this section, valuable consideration does not include the state land recreational use license fee imposed under 77-1-802 or other funds provided under 77-1-815.
(2) As used in this part, the following definitions apply:
(a) (i) "Airstrip" means either improved or unimproved landing areas on private land used by pilots to land, park, take off, unload, load, and taxi aircraft.
(a) (ii) The term does not include municipal airports governed under Title 67, chapter 10, part 1.
(b) "Flying of aircraft" means the operation of aircraft, including but not limited to landing, parking, taking off, unloading, loading, and taxiing of aircraft at an airstrip.
http://nebraskalegislature.gov/laws/statutes.php?statute=37-729
NEBRASKA REVISED STATUTES
CHAPTER 37
SECTION 37-729 through SECTION 37-736
§ 37-729. Terms, defined.
For purposes of sections 37-729 to 37-736:
3) Recreational purposes includes, but is not limited to, any one or any combination of the following: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, waterskiing, winter sports, and visiting, viewing, or enjoying historical, archaeological, scenic, or scientific sites, or otherwise using land for purposes of the user;
§ 37-730. Limitation of liability; purpose of sections.
The purpose of sections 37-729 to 37-736 is to encourage owners of land to make available to the public land and water areas for recreational purposes by limiting their liability toward persons entering thereon and toward persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.
§37-731. Landowner; duty of care.
Subject to section 37-734, 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.
§37-732. Landowner; invitee; permittee; liability; limitation.
Subject to section 37-734, 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.
§37-734. Landowner; liability.
Nothing in sections 37-729 to 37-736 limits in any way any liability which otherwise exists (1) for willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or (2) for injury suffered in any case where the owner of land charges the person or persons who enter or go on the land.
§37-735. Sections, how construed.
Nothing in sections 37-729 to 37-736 creates a duty of care or ground of liability for injury to person or property.
http://www.leg.state.nv.us/Division/Legal/LawLibrary/NRS/NRS-041.html#NRS041Sec510
NEVADA REVISED STATUTES
CHAPTER 41 ACTIONS AND PROCEEDINGS IN PARTICULAR…
LIABILITY OF OWNERS, LESSEES AND OCCUPANTS OF PREMISES TO PERSONS USING PREMISES FOR RECREATIONAL PURPOSES
NRS 41.510 Limitation of liability; exceptions for malicious acts if consideration is given or other duty exists.
1. Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.
2. Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises:
(a) The owner, lessee or occupant does not thereby extend any assurance that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.
(b) That person does not thereby acquire any property rights in or rights of easement to the premises
3. This section does not:
(a) Limit the liability which would otherwise exist for:
(1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
(2) Injury suffered in any case where permission to participate in recreational activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.
(3) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
(b) Create a duty of care or ground of liability for injury to person or property.
4. As used in this section, “recreational activity” includes, but is not limited to:
(a) Hunting, fishing or trapping;
(b) Camping, hiking or picnicking;
(c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;
(d) Hang gliding or paragliding;
(e) Spelunking;
(f) Collecting rocks;
(g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports;
(h) Riding animals, riding in vehicles or riding a road or mountain bicycle;
(i) Studying nature;
(j) Gleaning;
(k) Recreational gardening; and
(l) Crossing over to public land or land dedicated for public use.
(private non-commercial air navigation facilities)
http://www.gencourt.state.nh.us/rsa/html/xxxix/422/422-mrg.htm
NEW HAMPSHIRE REVISED STATUTES.
TITLE XXXIX AERONAUTICS CHAPTER 422 NEW HAMPSHIRE AERONAUTICS ACT
422:12 Private Ownership Liability Exemption. –
An owner, lessee, or occupant of premises on which private noncommercial air navigation facilities are located owes no duty of care to keep the premises safe for public use by others or to give any warning to willful users of the premises of hazardous conditions. An owner, lessee, or occupant of premises on which private non-commercial air navigation facilities are located who gives permission to another to use the facilities does not thereby:
I. Extend any assurance that the premises are safe; or
II. Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed;
III. Assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom the permission has been granted.
https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu
NEW JERSEY STATUTES ANNOTATED
TITLE 2A
N.J.S.A. 2A:42A-2 through 2A:42A-8
2A:42A 2. SPORT AND RECREATIONAL ACTIVITES; DEFINITIONS
1. As used in P.L.1968, c.73 (C.2A:42A-2 et seq.):
"Sport and recreational activities" means and includes: hunting; fishing; trapping; horseback riding; training of dogs; hiking; camping; picnicking; swimming; skating; skiing; sledding; tobogganing; operating or riding snowmobiles, all-terrain vehicles or dirt bikes; and any other outdoor sport, game and recreational activity including practice and instruction in any of these activities.
2A:42A-3. No duty to keep premises safe
2. Except as provided in section 3 of this act:
a. An owner, lessee or occupant of premises, whether or not posted as provided in section 23:7-7 of the Revised Statutes, and whether or not improved or maintained in a natural condition, or used as part of a commercial enterprise, owes no duty to keep the premises safe for entry or use by others for sport and recreational activities, or to give warning of any hazardous condition of the land or in connection with the use of any structure or by reason of any activity on such premises to persons entering for such purposes;
b. An owner, lessee or occupant of premises who gives permission to another to enter upon such premises for a sport or recreational activity or purpose does not thereby (1) extend any assurance that the premises are safe for such purpose, or (2) constitute the person to whom permission is granted an invitee 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 any act of persons to whom the permission is granted.
2A :42A-5.1. Liberal construction
3. The provisions of P.L.1968, c.73 (C.2A:42A-2 et seq.) shall be liberally construed to serve as an inducement to the owners, lessees and occupants of property, that might otherwise be reluctant to do so for fear of liability, to permit persons to come onto their property for sport and recreational activities.
(operate aircraft)
https://law.justia.com/codes/new-mexico/2019/chapter-17/
CHAPTER 17 – GAME AND FISH AND OUTDOOR RECREATION
ARTICLE 4 – PROPAGATION OF FISH AND GAME SECTION 7
17-4-7 Liability of landowner permitting persons to hunt, fish or use lands for recreation; duty of care; exceptions.
A. Any owner, lessee or person in control of lands who, without charge or other consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency, grants permission to any person or group to use the owner's, lessee's or land controller's lands for the purpose of hunting, fishing, trapping, camping, hiking, sightseeing, the operation of aircraft, cave exploring or any other recreational use does not thereby:
(1) extend any assurance that the premises are safe for such purpose;
(2) assume any duty of care to keep such lands safe for entry or use;
(3) assume responsibility or liability for any injury or damage to or caused by such person or group; or
(4) assume any greater responsibility, duty of care or liability to such person or group than if permission had not been granted and the person or group were trespassers.
B. This section shall not limit the liability of any landowner, lessee or person in control of lands that may otherwise exist by law for injuries to any person granted permission to hunt, fish, trap, camp, hike, sight see, operate aircraft, explore caves or use the land for recreation in exchange for a consideration, other than a consideration paid to the landowner by the state, the federal government or any other governmental agency.
http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:
NEW YORK CONSOLIDATED LAWS
GENERAL OBLIGATIONS LAW
ARTICLE 9 Obligations of Care
TITLE 1 Conditions on Real Property
General Obligations Law § 9-103
§ 9-103. No duty to keep premises safe for certain uses;
a. an owner, lessee or occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law, owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in section seventy-one-y of the agriculture and markets law, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes;
http://www.ncleg.net/gascripts/statutes/statutelookup.pl?statute=38A
N.C.G.S.A. CHAPTER 38A
CHAPTER 38A. LANDOWNER LIABILITY
§ 38A-1. Purpose. The purpose of this Chapter is to encourage owners of land to make land and water areas available to the public at no cost for educational and recreational purposes by limiting the liability of the owner to persons entering the land for those purposes.
§ 38A-2. Definitions. The following definitions shall apply throughout this Chapter, unless otherwise specified:
(3) "Land" means real property, land, and water, but does not mean a dwelling and the property immediately adjacent to and surrounding such dwelling that is generally used for activities associated with occupancy of the dwelling as a living space.
(5) "Recreational purpose" means any activity undertaken for recreation, exercise, education, relaxation, refreshment, diversion, or pleasure or sport, including equestrian recreation as defined in G.S. 99E-1.
§ 38A-3. Exclusions.
(a) Except as specifically recognized by or provided for in this Chapter, an owner of land who either directly or indirectly invites or permits without charge any person to use such land for educational or recreational purposes owes the person the same duty of care that he owes a trespasser, except nothing in this Chapter shall be construed to limit or nullify the doctrine of attractive nuisance and the owner shall inform direct invitees of artificial or unusual hazards of which the owner has actual knowledge. This section does not apply to an owner who invites or permits any person to use land for a purpose for which the land is regularly used and for which a price or fee is usually charged even if it is not charged in that instance, or to an owner whose purpose in extending an invitation or granting permission is to promote a commercial enterprise. (b) Nothing in this section shall be construed to conflict with or render ineffectual a liability release, indemnification, assumption, or acknowledgment of risk agreement between the landowner and a person who uses the land for educational or recreational purposes.
http://www.legis.nd.gov/cencode/t53c08.pdf?20150923200714
NDCC, CHAPTER 53 SECTION 08
§ 53-08-01 Definitions.
5. "Recreational purposes" includes any activity engaged in for the purpose of exercise, relaxation, pleasure, or education.
53-08-02. Duty of care of owner.
1. 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, regardless of the location and nature of the recreational purposes and whether the entry or use by others is for their own recreational purposes or is directly derived from the recreational purposes of other persons, or to give any warning of a dangerous condition, use, structure, or activity on such premises to persons entering for such purposes.
2. This section does not apply to:
a. A person that enters land to provide goods or services at the request of, and at the direction or under the control of, an owner; or
b. An owner engaged in a for-profit business venture that directly or indirectly invites members of the public onto the premises for commercial purposes or during normal periods of commercial activity in which members of the public are invited.
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, or any other person whose presence on the premises is directly derived from those recreational purposes, the legal status of an invitee or licensee to whom a duty of care is owed other than a person that enters land to provide goods or services at the request of, and at the direction or under the control of, the owner; or
3. Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
53-08-05. Failure to warn against dangerous conditions - Charge to enter.
This chapter does not limit in any way any liability that 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 in which the owner of land:
a. Charges the person for entry onto the land other than the amount, if any, paid to the owner of the land by the state; and
b. The total charges collected by the owner in the previous calendar year for all recreational use of land under the control of the owner are more than:
(1) Twice the total amount of property taxes imposed on the land for the previous calendar year; or
(2) In the case of agricultural land, four times the total amount of property taxes imposed on the land for the previous calendar year.
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 that person's use of such land and in that person's activities thereon.
http://codes.ohio.gov/orc/1533
TITLE 15
SECTIONS 1533.18 and 1533.181 of the Revised Code:
1533.18 (B) "Recreational user" means a person to whom permission has been granted, without the payment of a fee or consideration to the owner, lessee, or occupant of premises, other than a fee or consideration paid to the state or any agency of the state, or a lease payment or fee paid to the owner of privately owned lands, to enter upon premises to hunt, fish, trap, camp, hike, or swim, or to operate a snowmobile, all-purpose vehicle, or four-wheel drive motor vehicle, or to engage in other recreational pursuits.
1533.181 Immunity.
(A) No owner, lessee, or occupant of premises:
(1) Owes any duty to a recreational user to keep the premises safe for entry or use;
(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;
(3) Assumes responsibility for or incurs liability for any injury to person or property caused by any act of a recreational user.
(B) Division (A) of this section applies to the owner, lessee, or occupant of privately owned, nonresidential premises, whether or not the premises are kept open for public use and whether or not the owner, lessee, or occupant denies entry to certain individuals.
(aviation at non-public-use airports)
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=440637
TITLE 76 SECTION § 10.1
A.
1. The purpose of this section is to encourage landowners to make land available to the public for outdoor recreational purposes by limiting their liability to persons entering upon and using such land and to third persons who may be damaged by the acts or omissions of persons going upon these lands.
2. As used in this section:
a. "land" means real property, roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty,
b. "outdoor recreational purposes" includes any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, jogging, cycling, other sporting events and activities, nature study, water skiing, jet skiing, winter sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and aviation at non-public-use airports,
B. An owner who provides the public with land for outdoor recreational purposes owes no duty of care to keep the land safe for entry or use by others, or to give warning to persons entering or using the land of any hazardous conditions, structures, or activities.
C.
1. Except as otherwise provided by this section, an owner who provides the public with land for outdoor recreational purposes shall not:
a. be presumed to extend any assurance that the land is safe for any purpose,
b. incur any duty of care toward a person who enters or uses the land, or
c. assume any liability or responsibility for any injury to persons or property caused by the act or omission of a person who enters or uses the land.
2. This subsection applies whether the person entering or using the land is an invitee, licensee, trespasser, or otherwise.
D. This section shall not apply if:
1. Any charge is made or is usually made for entering or using any part of the land; or
2. Any commercial or other activity for profit directly related to the use is conducted on any part of the land.
F.
1. Except as provided in this section, no person is relieved of liability which would exist for want of ordinary care or for deliberate, willful, or malicious injury to persons or property. The provisions shall not create or increase the liability of any person.
2. This section shall not relieve any owner of any liability for the operation and maintenance of structures affixed to real property by the owner for use by the general public.
G. By entering or using land, no person shall be deemed to be acting as an employee or agent of the owner whether the entry or use is with or without the knowledge or consent of the owner.
H. The provisions of this section shall not apply to any land that is used primarily for farming or ranching activities or to roads, water, watercourses, private ways, buildings, structures, and machinery or equipment when attached to realty which is used primarily for farming or ranching activities.
(aviation activity)
https://www.oregonlaws.org/ors/30.772
OREGON REVISED STATUTES
RS 30.772
Liability of landowner arising out of aviation activity.
(1) As used in this section:
(a) “Airstrip” means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.
(b) ”Aviation activity” includes but is not limited to hang gliding, parachuting, paragliding and operating airplanes or ultralight aircraft.
(c) ”Charge” has the meaning given that term in ORS 105.672 (Definitions for ORS 105.672 to 105.696).
(d) “Land” has the meaning given that term in ORS 105.672 (Definitions for ORS 105.672 to 105.696).
(e) “Nonpublic airstrip” means an airstrip that is registered as a private use airport with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue.
(f) “Owner” has the meaning given that term in ORS 105.672 (Definitions for ORS 105.672 to 105.696).
(g) “Public airstrip” means an airstrip that is not a nonpublic airstrip.
(2) An owner of land is not liable for any personal injury, death or property damage arising from the use of land for purposes of aviation activity, unless the owner intentionally causes the injury, death or property damage.
(3) Subsection (2) of this section does not apply to any of the following:
(a) An owner of a public airstrip.
(b) An owner of a nonpublic airstrip if:
(A) The owner is contacted by the operator of a motorized aircraft prior to the beginning of the aircraft’s flight;
(B) The owner provides permission to the operator to use the owner’s land for activities related to the aircraft’s flight; and
(C) Gross negligence of the owner causes injury, death or property damage related to the aircraft’s flight.
(c) An owner of land who imposes a charge for the use of the land for aviation purposes.
(recreational noncommercial aircraft operations or recreational noncommercial ultralight operations on private airstrips)
Pennsylvania Assembly, UNCONSOLIDATED STATUTES, 2018 Act 98
Section 1. Sections 1, 2, 3, 4, 6 and 7 of the act of February 2, 1966 (1965 P.L.1860, No.586), entitled "An act encouraging landowners to make land and water areas available to the public for recreational purposes by limiting liability in connection therewith, and repealing certain acts," are amended to read:
Section 1. The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability to:
(1) recreational users; and
(2) persons or property based on:
(i) acts of omission by landowners; or
(ii) acts or acts of omission by recreational users.
Section 2. As used in this act:
(1) "Land" means land, roads, water, watercourses, private ways and buildings, amenities, structures, boating access and launch ramps, bridges, fishing piers, boat docks, ramps, paths, paved or unpaved trails, hunting blinds and machinery or equipment when attached to the realty. The term shall also include areas providing access to, or parking for, lands and waters, including, but not limited to, access ramps, trails or piers for use by recreational users with disabilities.
(2) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
(3) "Recreational purpose" means any activity undertaken or viewed for exercise, sport, education, recreation, relaxation or pleasure and includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, recreational noncommercial aircraft operations or recreational noncommercial ultralight operations on private airstrips, camping, picnicking, hiking, pleasure driving, snowmobiling, all-terrain vehicle and motorcycle riding, nature study, water skiing, water sports, cave exploration and viewing or enjoying historical, archaeological, scenic, or scientific sites.
(4) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land. The term does not include voluntary contributions, in-kind contributions or contributions made to an owner of real property that are not retained by the owner of the real property and are used by the owner of the real property exclusively for one or more of the following purposes:
(i) conserving or maintaining the land;
(ii) paying taxes on the real property; or
(iii) paying for liability insurance on the real property.
(5) "Recreational user" means a person who enters or uses land for a recreational purpose.
Section 3. Except as specifically recognized or provided in section 6 of this act, an owner of land owes no duty of care to keep the premises safe for entry or use by [others for recreational purposes] recreational users, or to give any warning of a dangerous condition, use, structure, or activity on such premises to [persons entering for such purposes] recreational users.
Section 4. Except as specifically recognized by or provided in section 6 of this act, an owner of land who either directly or indirectly invites or permits without charge any [person] recreational user 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 [person] recreational user the legal status of an invitee or licensee to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to persons or property caused by an act of omission of [such persons] a recreational user or landowner.
(4) Assume responsibility for or incur liability for any injury to persons or property, wherever such persons or property are located, caused while hunting as defined in 34 Pa.C.S. § 102 (relating to definitions).
Section 6. Nothing in this act limits in any way any liability which otherwise exists:
(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(2) For injury suffered in any case where the owner of land charges the [person or persons] recreational user or users 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 its section.
Section 7. Nothing in this act shall be construed to:
(1) Create a duty of care or ground of liability for injury to persons or property.
(2) Relieve any [person using the land of another for recreational purposes] recreational user 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.
http://webserver.rilin.state.ri.us/statutes/title32/32-6/32-6-2.HTM
TITLE 32 PARKS AND RECREATIONAL AREAS
CHAPTER 32-6 PUBLIC USE OF PRIVATE LANDS-LIABILITY LIMITATIONS
§ 32-6-1 Purpose of chapter. – The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability to persons entering thereon for those purposes.
§ 32-6-2 Definitions. – As used in this chapter:
(4) "Recreational purposes" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, horseback riding, bicycling, pleasure driving, nature study, water skiing, water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, and all other recreational purposes contemplated by this chapter; and
(5) "User" means any person using land for recreational purposes.
§ 32-6-3. Liability of landowner.
Except as specifically recognized by or provided in § 32-6-5, an owner of land who either directly or indirectly invites or permits without charge any person to use that property for recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon that person the legal status of an invitee or licensee to whom a duty of care is owed; nor
(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act of omission of that person.
§ 32-6-5. Limitation on chapter.
(a) Nothing in this chapter limits in any way any liability that, but for this chapter, otherwise exists:
(1) For the willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity after discovering the user's peril; or
(2) For any 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 that lease shall not be deemed a "charge" within the meaning of this section.
§ 32-6-6. Construction of chapter.
Nothing in this chapter shall be construed to:
(1) Create a duty of care or ground of liability for an injury to persons or property;
(2) Relieve any person using the land of another for recreational purposes from any obligation that he or she may have in the absence of this chapter to exercise care in his or her use of that land and in his or her activities thereon, or from the legal consequences of the failure to employ that care; or
(3) Create a public or prescriptive right or easement running with the land.
(aviation activities)
http://www.scstatehouse.gov/code/t27c003.php
TITLE 27 – PROPERTY AND CONVEYANCES
CHAPTER 3 Limitation on Liability of Landowners
SECTION § 27-3-10 see also 27-3-30, 40, 50, 60 and 70
SECTION 27-3-10. Declaration of purpose.
The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
SECTION 27-3-20. Definitions.
As used in this chapter:
(a) "Aviation activities" means taking off, flying, or landing an airplane or aircraft. Aviation activities do not include airshows or any activity where the general public is invited.
(d) "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, summer and winter sports, aviation activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
SECTION 27-3-30. Duty of care.
Except as specifically recognized by or provided in Section 27-3-60, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained his permission to use it for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to such persons entering for such purposes.
SECTION 27-3-40. Effect of permission to use property for recreational purposes.
Except as specifically recognized by or provided in Section 27-3-60, an owner of land who permits without charge any person having sought such permission 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 to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
SECTION 27-3-60. Certain liability not limited.
Nothing in this chapter limits in any way any liability which otherwise exists:
(a) For grossly negligent, 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 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.
(aviation activity)
https://sdlegislature.gov/Statutes/Codified_Laws/2045506
TITLE 20 PERSONAL RIGHTS AND OBLIGATIONS
CHAPTER 9 LIABILITY FOR TORTS
SECTION 12 THROUGH 18
SDCL § 20-9-12 Definition of terms
20-9-12. Definition of terms. Terms used in §§ 20-9-12 to 20-9-18, inclusive, mean:
(3) "Outdoor recreational purpose," includes any of the following activities, or any combination thereof: hunting, fishing, swimming other than in a swimming pool, boating, canoeing, camping, picnicking, hiking, biking, off-road driving, aviation activity, nature study, water skiing, winter sports, snowmobiling, viewing, or enjoying historical, archaeological, scenic, or scientific sites;
20-9-13. Landowner not obligated to keep land safe for outdoor recreation or agritourism or to give warning--Exception.
Except as provided in § 20-9-16, an owner of land owes no duty of care to keep the land safe for entry or use by others for outdoor recreational purposes or agritourism activities, or to give any warning of a dangerous condition, use, structure, or activity on the owner's land to persons entering for outdoor recreational purposes.
20-9-12. Landowner liability for invitation to use property for outdoor recreation or agritourism--Exception.
Except as provided in § 20-9-16, an owner of land who either directly or indirectly invites or permits without charge any person to use the owner's property for outdoor recreational purposes or agritourism activities, including any person who is on the property pursuant to § 41-9-8, does not thereby:
(1) Extend any assurance that the land is safe for any purpose;
(2) Confer upon any person 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 persons or property caused by an act of omission of the owner as to maintenance of the land.
20-9-16. Landowner liability for gross negligence or injury suffered where consideration charged or law violated.
Nothing in §§ 20-9-12 to 20-9-18, inclusive, limits in any way any liability which otherwise exists:
(1) For gross negligence or willful or wanton misconduct of the owner;
(2) For injury suffered in any case where the owner of land charges any person who enters or goes on the land for the outdoor recreational use of the land or for agritourism activity, except that in the case of land leased to the state or a political subdivision of the state, any consideration received by the owner for the lease may not be deemed a charge within the meaning of this section nor may any incentive payment paid to the owner by the state or federal government to promote public access for outdoor recreational purposes or agritourism activities be considered a charge; or
(3) For injury suffered in any case where the owner has violated a county or municipal ordinance or state law which violation is a proximate cause of the injury.
20-9-18. Doctrine of attractive nuisance not affected.
Sections 20-9-12 to 20-9-18, inclusive, does not affect the doctrine of attractive nuisance or other legal doctrines relating to liability arising from artificial conditions highly dangerous to children.
(recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips)
http://www.lexisnexis.com/hottopics/tncode/
TITLE 70 WILDLIFE RESOURCES
CHAPTER 7 LIABILITY FOR ACTIVITIES
PART 1 LIABILITY OF LANDOWNER TO PERSONS USING LAND
Tenn. Code Ann. § 70-7-101- THROUGH 105
See: SECTIONS 101 THROUGH 105
70-7-102. Landowner's duty of care.
(a) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for such recreational activities as hunting, fishing, trapping, camping, water sports, white water rafting, canoeing, hiking, sightseeing, animal riding, bird watching, dog training, boating, caving, fruit and vegetable picking for the participant's own use, nature and historical studies and research, rock climbing, skeet and trap shooting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, skiing, off-road vehicle riding, and cutting or removing wood for the participant's own use, nor shall such landowner be required to give any warning of hazardous conditions, uses of, structures, or activities on such land or premises to any person entering on such land or premises for such purposes, except as provided in §70-7-104.
(b) The landowner, lessee, occupant, or any person in control of land or premises owes no duty of care to keep such land or premises safe for entry or use by others for recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips except as to known hazards or defects and except as provided in § 70-7-104.
70-7-103. Effect of landowner's permission.
Any landowner, lessee, occupant, or any person in control of the land or premises or such person's agent who gives permission to another person to hunt, fish, trap, camp, engage in water sports, participate in white water rafting or canoeing, hike, sightsee, ride animals, bird watch, train dogs, boat, cave, pick fruit and vegetables for the participant's own benefit, engage in nature and historical studies and research, climb rocks, shoot skeet and trap, engage in sporting clays, shooting sports, and target shooting, including archery and shooting range activities, ski, ride off-road vehicles, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, and cut and remove wood for the participant's own use upon such land or premises does not by giving such permission:
(1) Extend any assurance that the premises are safe for such purpose;
(2) Constitute the person to whom permission has been granted to legal status of an invitee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to such person or purposely caused by any act of such person to whom permission has been granted except as provided in §70-7-104.
70-7-104. Conditions under which liability unaffected.
(a) This part does not limit the liability that otherwise exists for:
(1) Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or
(2) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger.
(b) Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by §70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature.
70-7-105. Waiver of landowner's duty of care.
Any person eighteen (18) years of age or older entering the land of another for the purpose of camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, for such person's use for a consideration may waive, in writing, the landowner's duty of care to such person for injuries that arise from camping, fishing, hunting, sporting clays, shooting sports, and target shooting, including archery and shooting range activities, hiking, dog training, cutting or removing firewood, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips for such person's use, if such waiver does not limit liability for gross negligence, or willful or wanton conduct, or for a failure to guard or warn against a dangerous condition, use, structure or activity.
V.T.C.A., CIVIL PRACTICE & REMEDIES CODE
TITLE 4 CHAPTER § 75.001
For agricultural land see Sec. 75.004
§ 75.001. Definitions
(3) "Recreation" means an activity such as: (A) hunting; (B) fishing; (C) swimming; (D) boating; (E) camping; (F) picnicking; (G) hiking; (H) pleasure driving, including off road motorcycling and off road automobile driving and the use of all terrain vehicles and recreational off-highway vehicles; (I) nature study, including bird watching; (J) cave exploration; (K) waterskiing and other water sports; (L) any other activity associated with enjoying nature or the outdoors; (M) bicycling and mountain biking; (N) disc golf; or (O) on leash and off leash walking of dogs.
§ 75.002.
(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 on the land, except for wilful or wanton acts or gross negligence by the owner, lessee, or other occupant of agricultural land.
(b) If an owner, lessee, or occupant of agricultural land gives permission to another or invites another to enter the premises for recreation, the owner, lessee, or occupant, by giving the permission, does not:
(1) assure that the premises are safe for that purpose;
(2) owe to the person to whom permission is granted or to whom the invitation is extended a greater degree of care than is owed to a trespasser on the premises; or
(3) assume responsibility or incur liability for any injury to any individual or property caused by any act of the person to whom permission is granted or to whom the invitation is extended.
(c) If an owner, lessee, or occupant of real property other than agricultural land gives permission to another to enter the premises for recreation, the owner, lessee, or occupant, by giving the permission, does not:
(1) assure that the premises are safe for that purpose;
(2) owe to the person to whom permission is granted a greater degree of care than is owed to a trespasser on the premises; or
(3) assume responsibility or incur liability for any injury to any individual or property caused by any act of the person to whom permission is granted.
(d) Subsections (a), (b), and (c) shall not limit the liability of an owner, lessee, or occupant of real property who has been grossly negligent or has acted with malicious intent or in bad faith.
§ 75.003. APPLICATION AND EFFECT OF CHAPTER.
(a) This chapter does not relieve any owner, lessee, or occupant of real property of any liability that would otherwise exist for deliberate, wilful, or malicious injury to a person or to property.
(b) This chapter does not affect the doctrine of attractive nuisance, except:
(1) as provided by Section 75.0022(g) or 75.0025(c); and
(2) the doctrine of attractive nuisance may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of 16 years.
(c) Except for a governmental unit, this chapter applies only to an owner, lessee, or occupant of real property who:
(1) does not charge for entry to the premises;
(2) charges for entry to the premises, but whose total charges collected in the previous calendar year for all recreational use of the entire premises of the owner, lessee, or occupant are not more than 20 times the total amount of ad valorem taxes imposed on the premises for the previous calendar year; or
(3) has liability insurance coverage in effect on an act or omission described by Section 75.004(a) and in the amounts equal to or greater than those provided by that section.
(aircraft operations)
http://le.utah.gov/xcode/Title57/Chapter14/57-14-S102.html
TITLE 57 REAL ESTATE CHAPTER 14
PART 1 GENERAL PROVISIONS SECTIONS 101 and 102 and
PART 2 SECTIONS 201 through 205
PART 1
57-14-101. Title -- Purpose
(1) This chapter is known as “Limitations on Landowner Liability.
(2) The purpose of this chapter is to limit the liability of public and private landowners toward a person entering the owner’s land as a trespasser or for recreational purposes, whether by permission or by operation of Title 73, Chapter 29, Public Waters Access Act.
57-14-102. Definitions.
As used in this chapter:
(6) “Recreational purpose” includes, but is not limited to, any of the following or any combination thereof:
Hunting; fishing; swimming; skiing; snowshoeing; camping; picnicking; hiking; studying nature; waterskiing; engaging in water sports; engaging in equestrian activities; using boats; mountain biking; riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge; using off- highway vehicles or recreational vehicles; viewing or enjoying historical, archeological, scenic or scientific sites; aircraft operations; and equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating walking, running, jogging bike riding, or inline skating.
PART 2
57-14-201. Owner owes no duty of care or duty to give warning -- Exceptions.
Except as provided in Subsections 57-14-204(1) and (2), an owner of land owes no duty of care to keep the land safe for entry or use by any person entering or using the land for any recreational purpose or to give warning of a dangerous condition, use, structure, or activity on the land.
57-14-202. Use of private land without charge -- Effect.
Except as provided in Subsection 57-14-204(1), an owner of land who either directly or indirectly invites or permits without charge, or for a nominal fee of no more than $1 per year, any person to use the owner's land for any recreational purpose, or an owner of a public access area open to public recreational access under Title 73, Chapter 29, Public Waters Access Act, does not:
(1) make any representation or extend any assurance that the land is safe for any purpose.
(2) confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) assume responsibility for or incur liability for any injury to persons or property cause by an act or omission of the person or any other person who enters upon the land; or
(4) owe any duty to curtail the owner’s use of the land during its use for recreational purposes.
57-14-204. Limited Liability:
(1) Nothing in this part limits any liability that otherwise exists for:
(a) willful or malicious failure to guard or war against a dangerous condition, use structure, or activity;
(b) deliberate willful, or malicious injury t persons or property; or
(c) an injury suffered where the owner of land charges a person to enter or go on the land or use the land for any recreational purpose.
See also 57-14-301. Owner liability to trespasser.
(noncommercial aviation)
http://www.lexisnexis.com/hottopics/vtstatutesconstctrules/
VERMONT STATUTES ANNOTATED
TITLE TWELVE. COURT PROCEDURE
PART 9. PARTICULAR PROCEEDINGS
CHAPTER 203. LIMITATIONS ON LANDOWNER LIABILITY
§ 5791. Purpose
The purpose of this chapter is to encourage owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideration, enters or goes upon the owner's land for a recreational use than the owner would have to a trespasser.
§ 5792 Definitions
(4) "Recreational use" means an activity undertaken for recreational, educational or conservation purposes, and includes hunting, fishing, trapping, guiding, camping, biking, in-line skating, jogging, skiing, snowboarding, swimming, diving, water sports, rock climbing, hang gliding, caving, boating, hiking, riding an animal or a vehicle, picking wild or cultivated plants, picnicking, gleaning, rock collecting, nature study, outdoor sports, noncommercial aviation, visiting or enjoying archeological, scenic, natural, or scientific sites, or other similar activities. "Recreational use" also means any noncommercial activity undertaken without consideration to create, protect, preserve, rehabilitate, or maintain the land for recreational uses
§ 5793. Liability limited
(a) Land. -- An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner's land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.
(b) Equipment, fixtures, machinery, or personal property.
(1) Unless the damage or injury is the result of the willful or wanton misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner's land for a recreational use and proceeds to enter upon or use:
(A) equipment, machinery, or personal property; or
(B) structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.
(2) Permission to enter or go upon an owner's land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery, or personal property.
(c) Posting. -- An owner may post a sign warning against dangers on the owner's land or water. An owner who posts a sign pursuant to this subsection shall not be liable for any damage or injury allegedly arising out of the posting unless the damage or injury is the result of the willful or wanton misconduct of the owner.
See also: § 5794. Landowner protection
(operate aircraft or ultralight vehicles of any type)
http://law.lis.virginia.gov/vacode/title5.1/chapter1/section5.1-7.3/
CODE OF VIRGINIA
TITLE 5.1
CHAPTER 1. AIRCRAFT, AIRMEN AND AIRPORTS GENERALLY
ARTICLE 1. GENERAL PROVISIONS
Virginia Code § 5.1-7.3. DUTY OF CARE AND LIABILITY FOR DAMAGES OF OWNERS OF PROVATE LANDING AREAS.
A. For the purposes of this section:
"Land" or "premises" means any privately owned area for landing any aircraft, that is not open to the general public, and that is registered with the Department and the Federal Aviation Administration pursuant to § 5.1-7.2.
B. A landowner shall not be liable for ordinary negligence related to conditions on his premises that proximately cause damage to property or injury to occupants of an aircraft or ultralight vehicle landing on or taking off from such premises, provided that no commercial operation is being conducted on or about the premises.
C. Any landowner who gives permission, express or implied, to another person to operate aircraft or ultralight vehicles of any type for the personal use of such person or for the use of an easement as set forth in subsection B does not thereby:
1. Impliedly or expressly represent that the premises are safe for such purposes;
2. Grant invitee status or its corresponding duty of care to the person to whom such permission has been granted; or
3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.
D. Nothing contained in this section shall limit the liability of a landowner that may otherwise arise or exist by reason of his gross negligence or willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity. The provisions of this section shall not limit the liability of a landowner that may otherwise arise or exist when the landowner receives a fee for use of the premises or to engage in any activity described in subsection B or C. Nothing contained in this section shall relieve any landowner who sponsors or conducts any event or competition of the duty to exercise ordinary care in such events.
(operation of airplanes, ultra-light airplanes, hang gliders, parachutes, and paragliders)
http://app.leg.wa.gov/RCW/default.aspx?cite=4.24.210
RCWA
TITLE 4 CHAPTER 4.24
SECTION 4.24.210
RCWA 4.24.210
LIABILITY OF OWNERS or others in possession of land and water areas for injuries to recreation users — Known dangerous artificial latent conditions — OTHER LIMITATIONS.
(1) Except as otherwise provided in subsection (3) or (4) of this section, any public or private landowners, hydroelectric project owners, or others in lawful possession and control of any lands whether designated resource, rural, or urban, or water areas or channels and lands adjacent to such areas or channels, who allow members of the public to use them for the purposes of outdoor recreation, which term includes, but is not limited to, the cutting, gathering, and removing of firewood by private persons for their personal use without purchasing the firewood from the landowner, hunting, fishing, camping, picnicking, swimming, hiking, bicycling, skateboarding or other nonmotorized wheel-based activities, aviation activities including, but not limited to, the operation of airplanes, ultra-light airplanes, hang gliders, parachutes, and paragliders, rock climbing, the riding of horses or other animals, clam digging, pleasure driving of off-road vehicles, snowmobiles, and other vehicles, boating, kayaking, canoeing, rafting, nature study, winter or water sports, viewing or enjoying historical, archaeological, scenic, or scientific sites, without charging a fee of any kind therefor, shall not be liable for unintentional injuries to such users.
(aircraft or ultralight operations on private airstrips or farms)
http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=19&art=25#25
WEST VIRGINIA CODE
CHAPTER 19. AGRICULTURE
ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.
§19-25-1. Purpose.
The purpose of this article is to encourage owners of land to make available to the public land and water areas for military, law-enforcement or homeland-defense training or recreational or wildlife propagation purposes by limiting their liability for injury to persons entering thereon and for injury to the property of persons entering thereon and limiting their liability to persons who may be injured or otherwise damaged by the acts or omissions of persons entering thereon.
§19-25-2. Limiting duty of landowner generally.
Subject to the provisions of section four of this article, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational or wildlife propagation purposes, or to give any warning of a dangerous or hazardous condition, use, structure or activity on such premises to persons entering for such purposes.
Subject to the provisions of section four of this article, an owner of land who either directly or indirectly invites or permits without charge as that term is defined in section five of this article, any person to use such property for recreational or wildlife propagation purposes does not thereby: (a) Extend any assurance that the premises are safe for any purpose; or (b) confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
§19-25-4. Application of article.
Nothing herein limits in any way any liability which otherwise exists: (a) For deliberate, willful or malicious infliction of injury to persons or property; or (b) for 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 federal government or any agency thereof, the state or any agency thereof, or any county or municipality or agency thereof.
Nothing herein creates a duty of care or ground 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 or wildlife propagation purposes to exercise due care in his or her use of such land and in his or her activities thereon.
§19-25-5. Definitions.
Unless the context used clearly requires a different meaning, as used in this article:
"Recreational purposes" includes, but is not limited to, any one or any combination of the following noncommercial recreational activities: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, motorcycle or all-terrain vehicle riding, bicycling, horseback riding, spelunking, nature study, water skiing, winter sports and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, aircraft or ultralight operations on private airstrips or farms or otherwise using land for purposes of the user;
See also: §19-25-6. Limiting duty of landowner for use of land for military, law-enforcement or homeland-security purposes.
(recreational aviation, ballooning, hang gliding)
https://docs.legis.wisconsin.gov/statutes/statutes/895/ii/52
WISCONSIN STATUES ANNOTATED
W.S.A. 895.52
§ 895.52. Recreational activities; limitation of property owners' liability
(1) Definitions. In this section:
(g) “Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. “Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle or utility terrain vehicle, operating a vehicle, as defined in s. 340.01 (74), on a road designated under s. 23.115, recreational aviation, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, participating in an agricultural tourism activity, sport shooting and any other outdoor sport, game or educational activity. “Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.
(h) “Recreational aviation" means the use of an aircraft, other than to provide transportation to persons or property for compensation or hire, upon privately owned land. For purposes of this definition, “privately owned land" does not include a public-use airport, as defined in s. 114.002 (18m).
(2) No duty; immunity from liability.
(a) Except as provided in subs. (3) to (6), no owner and no officer, employee or agent of an owner owes to any person who enters the owner's property to engage in a recreational activity:
1. A duty to keep the property safe for recreational activities.
2. A duty to inspect the property, except as provided under s. 23.115 (2).
3. A duty to give warning of an unsafe condition, use or activity on the property.
(b) Except as provided in subs. (3) to (6), no owner and no officer, employee or agent of an owner is liable for the death of, any injury to, or any death or injury caused by, a person engaging in a recreational activity on the owner's property or for any death or injury resulting from an attack by a wild animal.
(5) Liability; property of nonprofit organizations.
Subsection (2) does not limit the liability of a nonprofit organization or any of its officers, employees or agents for a death or injury caused by a malicious act or a malicious failure to warn against an unsafe condition of which an officer, employee or agent of the nonprofit organization knew, which occurs on property of which the nonprofit organization is the owner.
(6) Liability; private property.
Subsection (2) does not limit the liability of a private property owner or of an employee or agent of a private property owner whose property is used for a recreational activity if any of the following conditions exist:
(a) The private property owner collects money, goods or services in payment for the use of the owner's property for the recreational activity during which the death or injury occurs, and the aggregate value of all payments received by the owner for the use of the owner's property for recreational activities during the year in which the death or injury occurs exceeds $2,000. The following do not constitute payment to a private property owner for the use of his or her property for a recreational activity:
1. A gift of wild animals or any other product resulting from the recreational activity.
2. An indirect nonpecuniary benefit to the private property owner or to the property that results from the recreational activity.
3. A donation of money, goods or services made for the management and conservation of the resources on the property.
4. A payment of not more than $5 per person per day for permission to gather any product of nature on an owner's property.
5. A payment received from a governmental body.
6. A payment received from a nonprofit organization for a recreational agreement.
7. A payment made to purchase products or goods offered for sale on the property.
(b) The death or injury is caused by the malicious failure of the private property owner or an employee or agent of the private property owner to warn against an unsafe condition on the property, of which the private property owner knew.
(c) The death or injury is caused by a malicious act of the private property owner or of an employee or agent of a private property owner.
(d) The death or injury occurs on property owned by a private property owner to a social guest who has been expressly and individually invited by the private property owner for the specific occasion during which the death or injury occurs, if the death or injury occurs on any of the following:
1. Platted land.
2. Residential property.
3. Property within 300 feet of a building or structure on land that is classified as commercial or manufacturing under s. 70.32 (2) (a) 2. or 3.
(e) The death or injury is sustained by an employee of a private property owner acting within the scope of his or her duties.
(7) No duty or liability created. Except as expressly provided in this section, nothing in this section, s. 101.11, or s. 895.529 nor the common law attractive nuisance doctrine creates any duty of care or ground of liability toward any person who uses another's property for a recreational activity.
(noncommercial aviation activities)
http://legisweb.state.wy.us/LSOWEB/wyStatutes.aspx
WYOMING STATUTES ANNOTATED
TITLE 34 PROPERTY, CONVEYANCES AND SECURITY TRANSACTIONS.
CHAPTER 19 LIABILITY OF OWNERS OF LAND
ARTICLE 1. LIABILITY OF OWNERS OF LAND USED FOR RECREATION PURPOSES
§ 34-19-101 through 107
Wyo. Stat. § 34-19-101 Definitions
(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, bicycling, mountain biking, horseback riding, and other equine as defined in W.S. 1-1-122(a)(iv), noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic or scientific sites;
§ 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, including a lessee of state land, who either directly or indirectly invites or permits without charge any person to use the land for recreational purposes 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 damage or injury to person or property, including to a third party, whether or not on the property, caused by an act or omission of the person using the land.
§ 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, except an owner whose land is adjacent to a national scenic trail designated by the United States congress and who has conveyed an easement across his lands for purposes of a designated national scenic trail shall owe no duty of care to keep the adjacent lands safe or to give any warning of a dangerous condition, use, structure or activity on the adjacent lands. The installation of a sign, other form of warning or modification made to improve safety shall not create liability on the part of an owner of the adjacent land if there is no other basis for liability;
(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;
(iii) Under W.S. 1-39-107.
§ 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.
§ 34-19-107. User liability for damages.
Any person using the land of another for recreational purposes, with or without permission, shall assume the inherent risk of using the land for recreational purposes and shall be liable for any damage or injury to property, livestock or crops or to a third party, whether or not on the property, caused by the person while on the property.
See also: Article 2. Liability of Landowners to Trespassers (§§ 34-19-201 — 34-19-204)