Section 5-804 - Owners of caves.

§ 5-804. Owners of caves.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Cave" has the meaning stated in § 5-1401 of the Natural Resources Article. 

(3) "Commercial cave" has the meaning stated in § 5-1401 of the Natural Resources Article. 

(4) "Owner" has the meaning stated in § 5-1401 of the Natural Resources Article. 

(5) "Person" has the meaning stated in § 5-1401 of the Natural Resources Article. 

(b)  Caves generally.- An owner of a cave or the owner's authorized agents acting within the scope of their authority are not liable for injuries sustained by any person using the cave for a recreational or scientific purpose if the prior consent of the owner has been obtained and if no charge has been made for the use of the cave. 

(c)  Commercial caves.- An owner of a commercial cave is not liable for an injury sustained by a spectator who has paid to view the cave unless: 

(1) The injury is sustained as a result of the owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications; and 

(2) The negligence is the proximate cause of the injury. 
 

[1990, ch. 546, § 3; 1997, ch. 14, § 9.]