56-1-18.5. Railroad property -- Duty of care.
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56-1-18.5. Railroad property -- Duty of care.
(1)A person may not ride or climb or attempt to ride or climb on, off, under, over, or across a railroad locomotive, car, or train.
(2)A person may not walk, ride, or travel across, along, or upon railroad yards, tracks, bridges, or active rights-of-way at any location other than public crossings.
(3)A person may not intentionally obstruct or interfere with train operations or use railroad property for recreational purposes.
(a)Except as provided under Subsection (4)(b) , an owner or operator of a railroad, including its officers, agents, and employees, owes no duty of care to keep railroad yards, tracks, bridges, or active rights-of-way safe for entry for any person violating this section.
(b)The owner or operator of a railroad may not intentionally, willfully, or maliciously injure a person if the owner or operator has actual knowledge of the person's presence on the property.
(5)This section does not apply to a railroad employee, business invitee, or other person with express written or oral authorization to enter upon railroad property by the owner or operator of the railroad.
(6)This section does not modify any rights or duties of federal, state, county, or municipal officials in the performance of their duties.
Amended by Chapter 324 , 2010 General Session