Existing law provides that, with certain exceptions, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to: (1) keep the premises safe for entry or use by others for participating in any recreational activity; or (2) give warning of any hazardous condition, activity or use of any structure on the premises to persons entering to participate in recreational activity. Existing law also provides that if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises: (1) the owner, lessee or occupant does not assure that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted; and (2) the person using the premises does not acquire any property rights in or rights of easement to the premises. (NRS 41.510) This bill: (1) provides that the law regarding this limitation on liability may be known and cited as the Recreational Use of Land Statute; and (2) provides a declaration of legislative intent regarding the purpose of the Recreational Use of Land Statute. This bill also revises the applicability of this limitation on liability by specifically providing that the limitation on liability does not limit the liability which would otherwise exist for: (1) injury caused by any act of an occupant of the premises who receives compensation from the owner or lessee of the premises to maintain, develop or improve the premises or any portion thereof; (2) injury caused by acts or omissions of a private entity or person occupying or leasing premises from the State of Nevada, or any political subdivision thereof; or (3) injury caused by acts or omissions of a private owner, lessee or occupant of a residential common area, urban premises or public infrastructure. This bill also provides that the limitation on liability does not apply to: (1) residential common areas; (2) public infrastructure; or (3) the State of Nevada, or any political subdivision thereof, for any premises it owns, leases or occupies which are not intended to be used solely for the purposes of recreational activity.

Statutes affected:
As Introduced: 41.510
Reprint 1: 41.510
BDR: 41.510