Current through the 2024 Fourth Special Session
Section 57-14-204 - Liability not limited where willful or malicious conduct involved or admission fee charged(1) Nothing in this part limits any liability that otherwise exists for: (a) willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity;(b) deliberate, willful, or malicious injury to 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.(2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision of the state, any consideration received by the owner for the lease is not a charge within the meaning of this section.(3) Any person who hunts upon a cooperative wildlife management unit, as authorized by Title 23A, Chapter 7, Cooperative Wildlife Management Units, is not considered to have paid a fee within the meaning of this section.(4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir and its surrounding area and do not themselves charge a fee for that use, are considered not to have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the Division of State Parks or the Division of Outdoor Recreation for the use of the services and facilities at that dam or reservoir.(5) The state or a subdivision of the state that owns property purchased for a railway corridor is considered not to have charged for use of the railway corridor within the meaning of Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses or travels over the railway corridor of the state or a subdivision of the state: (a) allows recreational use of the railway corridor and its surrounding area; and(b) does not charge a fee for that use.Amended by Chapter 34, 2023 General Session ,§ 26, eff. 7/1/2023.Amended by Chapter 68, 2022 General Session ,§ 33, eff. 7/1/2022.Amended by Chapter 280, 2021 General Session ,§ 21, eff. 7/1/2021.Renumbered from § 57-14-6 and amended by Chapter 212, 2013 General Session ,§ 7, eff. 5/14/2013.Amended by Chapter 88, 2005 General Session