MARI Board Additional Info (2)
Will Berg
From:
Sent:
To:
Subject:
Ted Baird
Friday, December 16, 200511:12 AM
Will Berg
Recreational immunity statute
Attachments:
Recreational immunity statute.rtf
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1
Idaho Code
Copyright 1948-2005 by Matthew Bender & Company, Inc. one of the LEXIS Publishing companies.
All rights reserved.
*./:* STATUTES CURRENT THROUGH THE 2005 SESSION ***
",*'11 ANNOT A nONS CURRENT THROUGH OCTOBER 18, 2005 ***
GENERAL LAWS
TITLE 36. FISH AND GAME
CHAPTER 16. RECREATIONAL TRESPASS -- LANDHOLDER LIABILITY LIMITED
GO TO CODE ARCHIVE DIRECTORY FOR THIS JURISDICTION
Idaho Code S 36-1604 (2005)
* 36-1604. Limitation of liability of landowner
(a) Statement of Purpose. The purpose of this section is to encourage owners ofJand to make land and water areas
available to the public without charge for recreational purposes by limiting their liability toward persons entering
thereon for such purposes.
(b) Definitions. As used in this section:
1. "Land" means private or public land, roads, trails, water, watercourses, irrigation dams, water control struc-
tures, headgates, private or public ways and buildings, structures, and machinery or equipment when attached to or used
on the realty.
2. "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
3. "Recreational purposes" includes, but is not limited to, any of the following or any combination thereof: hunt-
ing, fishing, swimming, boating, rafting, tubing, camping, picnicking, hiking, pleasure driving, bicycling, running, play-
ing on playground equipment, skateboarding, athletic competition, nature study, water skiing, animal riding, motorcy-
cling, snowmobiling, recreational vehicles, winter sports, and viewing or enjoying historical, archeological, scenic, geo-
logical or scientific sites, when done without charge ofthe owner.
(c) Owner Exempt from Warning. An owner of land owes no duty of care to keep the premises safe for entry by
others for recreational purposes, or to give any warning of a dangerous condition, use, structure, or activity on such
premises to persons entering for such purposes. Neither the installation of a sign or other form of warning of a danger-
ous condition, use, structure, or activity, nor any modification made for the purpose of improving the safety of others,
nor the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety,
shall create liability on the part of an owner of land where there is no other basis for such liability.
(d) Owner Assumes No Liability. An owner ofland or equipment who either directly or indirectly invites or per-
mits _any person to use such property for recreational purposes does not thereby:
1. Extend any assurance that the premises are safe for any purpose.
2. Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
3. Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of
such persons.
(e) Provisions Apply to Leased Public Land. Unless otherwise agreed in writing, the provisions of this section shall
be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for
recreational purposes.
(0 Provisions Apply to Land Subject to a Conservation Easement. Unless otherwise agreed in writing, the provi-
sions of this section shall be deemed applicable to the duties and liability of an owner of land subject to a conservation
easement to any governmental entity or nonprofit organization.
(g) Owner Not Required to Keep Land Safe. Nothing in this section shall be construed to:
I. Create a duty of care or ground of liability for injury to persons or property.
2. Relieve any person using the land of another for recreational purposes from any obligation which he may have
in the absence ofthis section to exercise care in his use of such land and in his activities thereon, or from legal conse-
quences or failure to employ such care.
3. Apply to any person or persons who for compensation permit the land to be used for recreational purposes.
(h) User Liable for Damages. Any person using the land of another for recreational purposes, with or without per-
mission, shall be liable for any damage to property, livestock or crops which he may cause while on said property.
Page 1 of 1
Will Berg
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From: Nancy Stricklin [nancyslaw@mlndspring.com]
Sent: Friday, December 16, 2005 6:54 PM
To: Will Berg
Cc: Bill Nary
Subject: RE:
Will, Jt is my opinion that the City will loose the recreational immunity if they allow the Little League to charge,
even though the Little League is the one that retains the fee that is charged. Since the city will loose its
immunity, I suggest that the agreement contain a provision that the Little League indemnifies the city for any
loss or injury that comes out of those events and that the Little League carry liability insurance to cover that
indemnification.
From: Will Berg [mailto:bergw@meridiancity.org]
Sent: Friday, December 16, 2005 10:42 AM
To: nancyslaw@mindspring.com
Cc: birdronaldkeith@msn,com
Subject:
Please review this for me. Call me at 208-888-4433. Thanks.... Will <<Mo Brooks Baseball Field
agreement 12-05.doc>> <<Recreational Immunity Statute 12-16-05.rtf>>
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