§ 846. — 846. (Amended by Stats. 2018, Ch. 92, Sec. 33.)

California § 846.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 2.: DIVISION 2. PROPERTY
• Title: 3.
• Part 2.: TITLE 3. RIGHTS AND OBLIGATIONS OF OWNERS
• Ch. 2.: CHAPTER 2. Obligations of Owners

Text

(a)
An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, except as provided in this section.
(b)
A “recreational purpose,” as used in this section, includes activities such as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, private noncommercial aviation activities, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites.
(c)
An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby do any of the following:
(1)
Extend any assurance that the premises are safe for that purpose.
(2)
Constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed.
(3)
Assume responsibility for or incur liability for any injury to person or property caused by any act of the person to whom permission has been granted except as provided in this section.
(d)
This section does not limit the liability which otherwise exists for any of the following:
(1)
Willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity.
(2)
Injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said
landowner by the state, or where consideration has been received from others for the same purpose.
(3)
Any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner.
(e)
This section does not create a duty of care or ground of liability for injury to person or property.

Legislative History

Amended by Stats. 2018, Ch. 92, Sec. 33. (SB 1289) Effective January 1, 2019.