§ 52-557k — Liability of landowner who allows persons to harvest firewood, fruits or vegetables or engage in maple-sugaring activities.

Connecticut § 52-557k

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

Text

(a) As used in this section: (1) “Owner” means the possessor of a fee interest, a tenant, occupant or person in control of the premises; (2) “harvesting” means the cutting and removal of designated standing trees, down trees, tree tops and other logging slash or debris suitable for use as firewood or the picking and removal of designated fruits or vegetables; (3) “charge” means the fee asked in return for a specified volume of firewood or a specified volume of fruits or vegetables and the right to harvest such firewood or such fruits or vegetables; and (4) “maple-sugaring” means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food. (b) Any owner of land who invites or permits any person (1) to enter the land or a part thereof to harvest firewood, with or without charge, or (2) to enter the land or a part thereof to harvest fruits or vegetables or engage in maple-sugaring activities, without charge, on behalf of a nonprofit organization or nonprofit corporation for use by such nonprofit organization or nonprofit corporation or for distribution to other nonprofit organizations or nonprofit corporations, shall not be liable for damages as a result of injury to such person when such injury arises out of the use of the land or out of the act of harvesting firewood, harvesting fruits or vegetables, or engaging in maple-sugaring activities, unless such injury is caused by such owner's failure to warn of a dangerous hidden hazard actually known to such owner. (c) This section shall not apply to (1) an owner who sells more than one hundred cords of firewood each calendar year, (2) an owner who operates a “pick or cut your own agricultural operation” as defined in section 52-568a , (3) an owner who operates an agricultural operation to which the public is invited and charged for produce harvested and removed from the land, or (4) an owner who operates a maple-sugaring operation to which the public is invited and charged for products derived from the maple-sugaring operation or collects more than a nominal fee from other persons for maple-sugaring on the owner's property.

Legislative History

(Oct. Sp. Sess. P.A. 79-12, S. 1, 3; P.A. 01-82; P.A. 14-18, S. 1.) History: P.A. 01-82 made section applicable to owners who permit persons to harvest fruits or vegetables under certain circumstances, amending Subsec. (a) to redefine “harvesting” to include the picking and removal of designated fruits or vegetables and redefine “charge” to include the fee asked in return for a specified volume of fruits or vegetables and the right to harvest such fruits or vegetables, amending Subsec. (b) to designate existing provisions re person entering the land to harvest firewood as Subdiv. (1) and add new Subdiv. (2) re person entering the land to harvest fruits or vegetables on behalf of a nonprofit corporation or nonprofit organization for use or distribution by such nonprofit corporation or nonprofit organization and amending Subsec. (c) to designate existing provision re inapplicability of section to owner who sells more than 100 cords of firewood as Subdiv. (1), add Subdiv. (2) re owner who operates a “pick or cut your own agricultural operation” and add Subdiv. (3) re owner who operates an agricultural operation to which the public is invited and charged for produce harvested and removed from the land; P.A. 14-18 amended Subsec. (a) to add Subdiv. (4) defining “maple-sugaring”, amended Subsec. (b) to add provisions re engaging in maple-sugaring activities and amended Subsec. (c) to add Subdiv. (4) re section not to apply to owner who operates a maple-sugaring operation to which the public is charged for products derived from the operation or who collects more than a nominal fee from persons for maple-sugaring on owner's property. Cited. 194 C. 129; 238 C. 653; Id., 687. Cited. 10 CA 86.