North Dakota Statutes
§ 53-08-02 — Duty of care of owner
North Dakota § 53-08-02
JurisdictionNorth Dakota
Title 53Sports and Amusements
Ch. 53-08Liability Limited for Owner of Recreation Lands
This text of North Dakota § 53-08-02 (Duty of care of owner) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
N.D. Cent. Code § 53-08-02 (2026).
Text
1.Subject to the provisions of section 53-08-05, an owner of land owes no duty of care to
keep the premises safe for entry or use by others for recreational purposes, regardless
of the location and nature of the recreational purposes and whether the entry or use by
others is for their own recreational purposes or is directly derived from the recreational
purposes of other persons, or to give any warning of a dangerous condition, use,
structure, or activity on such premises to persons entering for such purposes.
2.This section does not apply to:
a.A person that enters land to provide goods or services at the request of, and at
the direction or under the control of, an owner; or
b.An owner engaged in a for-profit business venture that directly or indirectly invites
members of the public
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Related
Olson v. Bismarck Parks & Recreation District
2002 ND 61 (North Dakota Supreme Court, 2002)
Umpleby v. United States
806 F.2d 812 (Eighth Circuit, 1986)
Hovland v. City of Grand Forks
1997 ND 95 (North Dakota Supreme Court, 1997)
Leet v. City of Minot
2006 ND 191 (North Dakota Supreme Court, 2006)
Kappenman v. Klipfel
2009 ND 89 (North Dakota Supreme Court, 2009)
Schmidt v. Gateway Community Fellowship
2010 ND 69 (North Dakota Supreme Court, 2010)
Woody v. Pembina County Annual Fair and Exhibition Association
2016 ND 56 (North Dakota Supreme Court, 2016)
Nearby Sections
15
§ 53-01-01
Definition§ 53-01-01.1
Mixed fighting style competition - Definition§ 53-01-03
Restrictions§ 53-01-08
Biennial report to governor§ 53-01-12
Annual license fee for exhibitions§ 53-01-13
Restrictions on licenseeCite This Page — Counsel Stack
Bluebook (online)
North Dakota § 53-08-02, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/53-08-02.