SB 321

Under current law, a private property owner is not generally liable for injuries

sustained by a person engaging in recreational activities on the property. Under

current law, a private property owner generally owes no duty to keep the property

safe for recreational activities or to give recreational users a warning of an unsafe

condition on the property. In order to avoid liability for injuries sustained by a person

engaging in a recreational activity, the private property owner may not accept

payment of more than $2,000 in one year for allowing persons to engage in

recreational activities on the property, and he or she may not maliciously act or fail

to act in a manner that causes the injury.

Under current law, a person who engages in a recreational activity generally

assumes the risks inherent in participating in that activity and has a duty to take

certain measures to ensure his or her own safety while engaging in the activity. If

a person is injured while participating in a recreational activity, he or she may be

held partially or wholly liable for his or her injuries, depending on the nature of the

activity and the measures the person took or failed to take to ensure his or her safety.

This bill adds noncommercial aviation as a recreational use for which a private

property owner owes no duty to keep his or her property safe or to give recreational

users a warning of an unsafe condition on his or her property. Under the bill, a person

who engages in noncommercial aviation is engaged in a recreational activity and

assumes the risks inherent in the activity and is responsible for taking measures to

ensure his or her own safety.