57-14-204. Liability not limited where willful or malicious conduct involved or admission fee charged.
(1)
Nothing in this part limits any liability that otherwise exists for:
Terms Used In Utah Code 57-14-204 v2
Charge: means the admission price or fee asked in return for permission to enter or go upon the land. See Utah Code 57-14-102
Land: includes roads, railway corridors, water, water courses, private ways and buildings, structures, and machinery or equipment when attached to the realty. See Utah Code 57-14-102
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 any interest in the land, whether public or private land, including a tenant, a lessor, a lessee, an occupant, or person in control of the land. See Utah Code 57-14-102
Person: includes any person, regardless of age, maturity, or experience, who enters upon or uses land for recreational purposes. See Utah Code 57-14-102
Recreational purpose: includes , but is not limited to, any of the following or any combination thereof:
(a)
hunting;
(b)
fishing;
(c)
swimming;
(d)
skiing;
(e)
snowshoeing;
(f)
camping;
(g)
picnicking;
(h)
hiking;
(i)
studying nature;
(j)
waterskiing;
(k)
engaging in water sports;
(l)
engaging in equestrian activities;
(m)
using boats;
(n)
mountain biking;
(o)
riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch gauge;
(p)
using off-highway vehicles or recreational vehicles;
(q)
viewing or enjoying historical, archaeological, scenic, or scientific sites;
(r)
aircraft operations; and
(s)
equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller skating, ice skating, walking, running, jogging, bike riding, or in-line skating. See Utah Code 57-14-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 land or 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 of the state, any consideration received by the owner for the lease is not a charge within the meaning of this section.
(3)
Any person who hunts upon a cooperative wildlife management unit, as authorized by Title 23A, Chapter 7, Cooperative Wildlife Management Units, is not considered to have paid a fee within the meaning of this section.
(4)
Owners of a dam or reservoir who allow recreational use of the dam or reservoir and its surrounding area and do not themselves charge a fee for that use, are considered not to have charged for that use within the meaning of Subsection (1)(c), even if the user pays a fee to the Division of State Parks or the Division of Outdoor 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 railway corridor is considered not to have charged for use of the railway corridor within the meaning of Subsection (1)(c), even if the user pays a fee for travel on a privately owned rail car that crosses or travels over the railway corridor of the state or a subdivision of the state:
(a)
allows recreational use of the railway corridor and its surrounding area; and
