§ 14-16-1-28 — Duties of landowners and tenants

Indiana § 14-16-1-28

• Jurisdiction: Indiana
• Art. 16: REGULATION OF LAND RECREATION
• Ch. 1: Off-Road Vehicles

Text

(a) Except as provided in subsection (e),
landowners and tenants of land do not owe a duty of care to do any of
the following:
(1) Keep their premises safe for entry or use by persons operating,
using, or riding in vehicles for recreational purposes.
(2) Give a warning of a dangerous condition, use, structure, or
activity on their premises to such persons.
(b) Except as provided in subsection (d), a landowner or tenant who
invites or permits a person to operate, use, or ride in a vehicle for
recreational purposes on the landowner's or tenant's property does not
do any of the following:
(1) Make any representation or extend any assurances that the
premises are safe for any purpose.
(2) Confer upon the person the legal status of invitee or licensee
to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to a
person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is considered
applicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to or the
subject of an agreement with;
the United States or an agency or a subdivision of the United States or
the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against a
dangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person or
property.
(C) Injury suffered in any case where the owner of land or
tenant charges a fee or admission charge or other valuable
consideration to a person who enters or uses the land with a
vehicle for the purpose of using the vehicle for recreational
purposes.
However, if land or an interest or a right in land is leased or transferred
to or the subject of an agreement with the United States or an agency
or a subdivision of the United States or to the state or an agency or
subdivision of the state, any consideration received by the holder of the
lease, interest, right, or agreement is not considered a charge under this
section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability for
injury to a person or property.
(2) Relieve a person using a vehicle for recreational purposes
upon the land of another from an obligation that the person may
have in the absence of this section to exercise care in the use of
the land and the person's activities on the land or from the legal
consequences of failure to employ care.
[Pre-1995 Recodification Citation: 14-1-3-18.]

Legislative History

As added by P.L.1-1995, SEC.9.