57-14-401.  Activities with a recreational purpose on certain lands.

(1)  Notwithstanding Section 57-14-202 to the contrary, a person may not make a claim against or recover from an owner of any land, including land in developed or improved, urban or semi-rural areas opened to the general public without charge, such as a lake, pond, park, trail, waterway, or other recreation site, for personal injury or property damage caused either directly or indirectly by participating in an activity with a recreational purpose on the land.

Terms Used In Utah Code 57-14-401

  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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
(2)  Nothing in this section may be construed to relieve a person participating in a recreational purpose from an obligation that the person would have in the absence of this section to exercise due care or from the legal consequences of a failure to exercise due care.

Amended by Chapter 345, 2019 General Session

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