57-14-6 - Liability not limited where willful or malicious conduct involved or admission fee charged.
57-14-6. Liability not limited where willful or malicious conduct involved oradmission fee charged.
(1) Nothing in this chapter shall limit any liability which otherwise exists for:
(a) willful or malicious failure to guard or warn against a dangerous condition, use,structure, or activity;
(b) deliberate, willful, or malicious injury to persons or property; or
(c) an injury suffered where the owner of land charges a person to enter or go on the landor use the land for any recreational purpose.
(2) For purposes of Subsection (1)(c), if the land is leased to the state or a subdivision ofthe state, any consideration received by the owner for the lease is not a charge within the meaningof this section.
(3) Any person who hunts upon a cooperative wildlife management unit, as authorizedby Title 23, Chapter 23, Cooperative Wildlife Management Units, is not considered to have paida fee within the meaning of this section.
(4) Owners of a dam or reservoir who allow recreational use of the dam or reservoir andits surrounding area and do not themselves charge a fee for that use, are considered not to havecharged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to theDivision of Parks and Recreation for the use of the services and facilities at that dam or reservoir.
(5) The state or a subdivision of the state that owns property purchased for a railwaycorridor is considered not to have charged for use of the railway corridor within the meaning ofSubsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crossesor travels over the railway corridor if the state or a subdivision of the state:
(a) allows recreational use of the railway corridor and its surrounding area; and
(b) does not charge a fee for that use.
Amended by Chapter 88, 2005 General Session