Nothing in this chapter limits in any way any liability which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;

(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

7 Del. C. 1953, § ?5906; 55 Del. Laws, c. 449.;

Terms Used In Delaware Code Title 7 Sec. 5906

  • Charge: means the admission price or fee asked in return for invitation or permission to enter or go upon the land. See Delaware Code Title 7 Sec. 5902
  • Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Delaware Code Title 7 Sec. 5902
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Owner: means the possessor of a fee interest, tenant, lessee, occupant or person in control of the premises. See Delaware Code Title 7 Sec. 5902
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
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