37-731. Landowner; duty of care.
161 words·~1 min read·
/ne/chapter-37/37-731A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.
No duty of reasonable care will be judicially imposed where Legislature has decided there shall be no duty to keep premises safe. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).
Owner owes no duty of care to keep premises safe except for willful or malicious failure to guard or warn, and where owner charges a fee for entry as provided by section 37-1005. Thies v. City of Omaha, 225 Neb. 817, 408 N.W.2d 306 (1987).
A city park which provides camping, picnic, and sports facilities is a recreational facility within the meaning of the act. Garreans v. City of Omaha, 216 Neb. 487, 345 N.W.2d 309 (1984).