150.645 Liability of landowner consenting to hunting, fishing, and other outdoor

311 words·~1 min read·/ky/150-645

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

activities on premises -- Claims for property damage by state employees

participating in wildlife management practices.

(1)An owner, lessee, or occupant of premises who gives permission to another person

to hunt, fish, trap, camp, hike, rock climb, boulder, or rappel upon the premises

shall owe no duty to keep the premises safe for entry or use by the person or to give

warning of any hazardous conditions on the premises, and the owner, lessee, or

occupant, by giving his or her permission, does not thereby extend any assurance

that the premises are safe for such purpose, or constitute the person to whom

permission is granted an invitee to whom a duty of care is owed. The owner, lessee,

or occupant giving permission for any of the purposes stated above shall not be

liable for any injury to any person or property caused by the negligent acts of any

person to whom permission is granted. This section shall not limit the liability

which would otherwise exist for willful and malicious failure to guard or to warn

against a dangerous condition, use, structure, or activity; or for injury suffered in

any case where permission to hunt, fish, trap, camp, hike, rock climb, boulder, or

rappel was granted for a consideration other than the consideration, if any, as set

forth in KRS 411.190(1)(d), paid to said owner, lessee, or occupant by the state.

The word "premises" as used in this section includes lands, rocks, boulders, cliffs,

private ways, and any buildings and structures thereon. Nothing in this section

limits in any way any liability which otherwise exists.

(2)Department employees who participate in bona fide wildlife management practices

are agents of the department and state and, in the event property damage does

occur, a claim for property damages may only be brought in the Board of Claims

pursuant to KRS 49.040 to 49.180.