2017 -- H 5949

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LC001295

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO PARKS AND RECREATIONAL AREAS -- PUBLIC USE OF PRIVATE

LANDS--LIABILITY LIMITATIONS

     Introduced By: Representatives Almeida, and Walsh

     Date Introduced: March 17, 2017

     Referred To: House Judiciary

     (by request)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 32-6-2 of the General Laws in Chapter 32-6 entitled "Public Use of

Private Lands-Liability Limitations" is hereby amended to read as follows:

     32-6-2. Definitions.

     As used in this chapter:

     (1) "Charge" means the admission price or fee asked in return for invitation or permission

to enter or go upon the land;

     (2) "Land" means land, roads, water, watercourses, private ways and buildings,

structures, and machinery or equipment when attached to the realty;

     (3) "Owner" means the private-owner possessor of a fee interest, or tenant, lessee,

occupant, or person in control of the premises, including the state and municipalities;

     (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.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PARKS AND RECREATIONAL AREAS -- PUBLIC USE OF PRIVATE

LANDS--LIABILITY LIMITATIONS

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     This act would change the definition of "owner" to exclude the state and municipalities

for the purposes of liability limitations relating to public use of private lands. This limitation of

liability for the landowners is set forth in §32-6-3, which section is set forth below.

     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.

     This act would take effect upon passage.

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