Parks and Recreational Areas

Public Use of Private Lands – Liability Limitations

SECTION 32-6-5

§ 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.

(b) When the coastal resources management council designates a right-of-way as part of its designation process as specified in § 46-23-6(5), or when the coastal resources management council stipulates public access as a condition of granting a permit, the landowner automatically will have "limited liability" as defined in this chapter, except as specifically recognized by or provided in this section.

History of Section.
(P.L. 1978, ch. 375, § 1; P.L. 1993, ch. 394, § 1; P.L. 2016, ch. 511, art. 2, § 55.)