§ 14-22-10-2 — Restrictions on landowner liability to recreational users

Indiana § 14-22-10-2

• Jurisdiction: Indiana
• Art. 22: FISH AND WILDLIFE
• Ch. 10: Wildlife Regulation

Text

(a) As used in this section and section 2.5 of
this chapter, "governmental entity" means any of the following:
(1) The government of the United States of America.
(2) The state.
(3) A county.
(4) A city.
(5) A town.
(6) A township.
(7) The following, if created by the Constitution of the United
States, the Constitution of the State of Indiana, a statute, an
ordinance, a rule, or an order:
(A) An agency.
(B) A board.
(C) A commission.
(D) A committee.
(E) A council.
(F) A department.
(G) A district.
(H) A public body corporate and politic.
(b) As used in this section and section 2.5 of this chapter, "monetary
consideration" means a fee or other charge for permission to go upon
a tract of land. The term does not include:
(1) the gratuitous sharing of game, fish, or other products of the
recreational use of the land;
(2) services rendered for the purpose of wildlife management; or
(3) contributions in kind made for the purpose of wildlife
management.
(c) As used in this section and section 2.5 of this chapter, "owner"
means a governmental entity or another person that:
(1) has a fee interest in;
(2) is a tenant, a lessee, or an occupant of; or
(3) is in control of;
a tract of land.
(d) A person who goes upon or through the premises, including
caves, of another:
(1) with or without permission; and
(2) either:
(A) without the payment of monetary consideration; or
(B) with the payment of monetary consideration directly or
indirectly on the person's behalf by an agency of the state or
federal government;
for the purpose of swimming, camping, hiking, sightseeing, or
accessing or departing from a trail, a greenway, or another similar area,
or for any other purpose (other than the purposes described in section
2.5 of this chapter) does not have an assurance that the premises are
safe for the purpose.
(e) The owner of the premises does not:
(1) assume responsibility; or
(2) incur liability;
for an injury to a person or property caused by an act or failure to act
of other persons using the premises.
(f) This section does not affect the following:
(1) Existing Indiana case law on the liability of owners or
possessors of premises with respect to the following:
(A) Business invitees in commercial establishments.
(B) Invited guests.
(2) The attractive nuisance doctrine.
(g) This section does not excuse the owner or occupant of premises
from liability for injury to a person or property caused by a malicious
or an illegal act of the owner or occupant.
[Pre-1995 Recodification Citation: 14-2-6-3.]

Legislative History

As added by P.L.1-1995, SEC.15. Amended by P.L.178-1995, SEC.3; P.L.138-1997, SEC.2; P.L.75-1998, SEC.2; P.L.29-2018, SEC.1; P.L.113-2019, SEC.1.