ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

HB 2130: recreational users; property

Sponsor: Representative Griffin, LD 14

Committee on Land, Agriculture & Rural Affairs

Overview

Limits a landowner's liability for injuries to recreational or educational users that occur on the owner's land and declares that these users are liable for any damage they cause to the owner's land.

History

The recreational-use immunity statute limits liability for injuries that occur on another's land. Specifically, an individual who legally possesses land is not liable for a recreational or educational user's injury on the land unless the individual was guilty of willful, malicious or grossly negligent conduct that directly led to the user's injury. Under this statute, grossly negligent conduct entails having a knowing or reckless indifference to others' health and safety. By contrast, conduct is willful or malicious if done with knowledge that another person will likely be seriously injured or with reckless disregard to any potential injuries.

This statute does not limit liability for maintaining an attractive nuisance, which is a dangerous and artificial condition on landowner's property that often attracts children, such as an abandoned car or empty swimming pool. (In tort law, the attractive nuisance doctrine generally places liability on a landowner for such a nuisance.) However, under the recreational-use immunity statute, an exception exists for open water infrastructure such as canals (A.R.S. § 33-1551).

A duty of care in tort law is a legal obligation that requires an individual to adhere to a standard of reasonable care while performing acts that could foreseeably harm others.

Provisions

1. Asserts that recreational or educational users accept the risks created by their activities and must exercise reasonable care in those activities.

2. Declares that:

a) Someone who legally resides on land does not owe a duty of care to keep the land safe for entry by recreational or educational users or to warn of any dangerous conditions on the land; and

b) Any warning of a dangerous condition on the land, modifications made to improve the safety of others, or failing to maintain any warning of a dangerous condition on the land does not create any liability on the legal resident if there is no other basis for the liability.

3. Stipulates that these declarations apply to the duties and liability of any governmental entity, nongovernmental organization or individual that provides monies, reasonably performs maintenance, reasonably makes improvements or takes similar reasonable action for land made available for recreation or education.

4. Clarifies that these declarations do not:

a) Create a duty of care or basis of liability for injury to persons or property; or

b) Relieve an individual using another's land for recreation or education from any obligation the individual may have to exercise care in using the land, in activities on the land or legal consequences for failing to exercise care.

5. States that an individual who uses another's land for recreation or education is liable for any damage to the land, property, livestock or crops the individual may cause.

6. Makes technical and conforming changes.

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10. HB 2130

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