§ 14 §159-A — Limited liability for recreational or harvesting activities

Maine § 14 §159-A

• Jurisdiction: Maine
• Title 14: COURT PROCEDURE -- CIVIL
• Part 1: GENERAL PROVISIONS
• Ch. 7: DEFENSES GENERALLY

Text

1.
Definitions.
As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
2.
Limited duty.
An owner, lessee, manager, holder of an easement or occupant of premises does not have a duty of care to keep the premises safe for entry or use by others for recreational or harvesting activities or to give warning of any hazardous condition, use, structure or activity on these premises to persons entering for those purposes. This subsection applies regardless of whether the owner, lessee, manager, holder of an easement or occupant has given permission to another to pursue recreational or harvesting activities on the premises.
3.
Permissive use.
An owner, lessee, manager, holder of an easement or occupant who gives permission to another to pursue recreational or harvesting activities on the premises does not thereby:
4.
Limitations on section.
This section does not limit the liability that would otherwise exist:
5.
No duty created.
Nothing in this section creates a duty of care or ground of liability for injury to a person or property.
6.
Costs and fees.
The court shall award any direct legal costs, including reasonable attorneys' fees, to an owner, lessee, manager, holder of an easement or occupant who is found not to be liable for injury to a person or property pursuant to this section.
7.
Perpetual grant of public access.
A landowner or other grantor who grants, and a holder or grantee who accepts, an easement or other legal instrument that includes a perpetual right of public access over premises for the public to pursue one or more recreational or harvesting activities, in reliance on the protections from liability established by this section as they exist at the time of the grant, as evidenced by an instrument recorded in the registry of deeds for the county in which the premises are located, acquires a permanent vested property right to those protections for any rights so granted, which runs to their heirs, successors and assigns.

Legislative History

PL 1979, c. 253, §2 (NEW). PL 1979, c. 514, §1 (AMD). PL 1979, c. 663, §75 (AMD). PL 1983, c. 297, §2 (AMD). PL 1985, c. 762, §25 (AMD). PL 1993, c. 622, §1 (AMD). PL 1995, c. 566, §1 (AMD). PL 2001, c. 113, §2 (AMD). PL 2003, c. 509, §1 (AMD). PL 2005, c. 375, §1 (AMD). PL 2007, c. 260, §1 (AMD). PL 2009, c. 156, §1 (AMD). PL 2015, c. 20, §1 (AMD). PL 2025, c. 256, §§1-3 (AMD).