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

(a) For grossly negligent, willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.

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Terms Used In South Carolina Code 27-3-60

  • Charge: means the admission price or fee asked in return for invitation or permission to enter or go upon the land. See South Carolina Code 27-3-20
  • Land: means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See South Carolina Code 27-3-20
  • 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, a tenant, lessee, occupant, easement holder, or person in control of the premises. See South Carolina Code 27-3-20
  • Persons: means individuals regardless of age. See South Carolina Code 27-3-20

(b) For injury suffered in any case where the owner of land charges 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.