57-14-204. Liability not limited where willful or malicious conduct involved or admission fee charged.
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Effective 7/1/2023
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