§ 52-557f — Landowner liability for recreational use of land. Definitions.

Connecticut § 52-557f

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 925: Statutory Rights of Action and Defenses

Text

As used in sections 52-557f to 52-557i, inclusive: (1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land; (2) “Land” means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty, except that if the owner is a municipality, political subdivision of the state, municipal corporation, special district or water or sewer district: (A) “Land” does not include a swimming pool, playing field or court, playground, building with electrical service, or machinery when attached to the realty, that is also within the possession and control of the municipality, political subdivision of the state, municipal corporation, special district or water or sewer district; and (B) “road” does not include a paved public through road that is open to the public for the operation of four-wheeled private passenger motor vehicles; (3) “Owner” means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises. “Owner” includes, but is not limited to, a municipality, political subdivision of the state, municipal corporation, special district or water or sewer district; (4) “Recreational purpose” includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, snow skiing, ice skating, sledding, hang gliding, sport parachuting, hot air ballooning, bicycling and viewing or enjoying historical, archaeological, scenic or scientific sites. See Sec. 52-557k re liability of landowner who allows persons to harvest firewood, fruits or vegetables or engage in maple-sugaring activities.

Legislative History

(1971, P.A. 249, S. 1; 440, S. 2; P.A. 77-393; Oct. Sp. Sess. P.A. 79-12, S. 2, 3; P.A. 82-160, S. 227; P.A. 88-204; P.A. 90-310, S. 3; P.A. 11-61, S. 139; 11-141, S. 19; 11-211, S. 1.) History: Later 1971 act (P.A. 440) removed snowmobiling from definition of “recreational purpose”; P.A. 77-393 included cutting and removing wood in definition of “recreational purpose”; October, 1979, P.A. 79-12 removed cutting and removing wood from definition of “recreational purpose”; P.A. 82-160 alphabetized the defined terms; P.A. 88-204 included hang gliding and hot air ballooning in definition of “recreational purpose”; P.A. 90-310 in Subdiv. (4) added sport parachuting to the definition of “recreational purpose”; P.A. 11-61 redefined “charge” in Subdiv. (1) and “owner” in Subdiv. (3); P.A. 11-141 redefined “charge” in Subdiv. (1) and “owner” in Subdiv. (3); P.A. 11-211 redefined “land” in Subdiv. (2), “owner” in Subdiv. (3) and “recreational purpose” in Subdiv. (4). Cited. 194 C. 129; 219 C. 914; 221 C. 256; decision reconsidered and overruled, see 238 C. 653; 226 C. 446; 238 C. 633; Id., 687. Specially chartered municipal corporation water supply company not immune from liability when bicyclist rode her bike into gate on company property; gate was maintained in an unsafe and dangerous condition and maintenance of gate was inextricably linked to proprietary function of operating the company. 309 C. 282. Cited. 7 CA 164. Sec. 52-557f et seq. apply to all landowners including governmental entities. 24 CA 592. Cited. 39 CA 280; 45 CA 17. Subdiv. (3): Held municipalities are not owners within meaning of section, reconsidering and overruling decision in 221 C. 256. 238 C. 653.