Senate BillNo. 1072


Introduced by Senator Fuller

February 19, 2014


An act to amend Section 846 of the Civil Code, relating to real property.

LEGISLATIVE COUNSEL’S DIGEST

SB 1072, as introduced, Fuller. Real property: duty of care: recreational purposes: aviation activities.

Existing law provides that an owner of any estate or interest in real property owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on those premises to persons entering for a recreational purpose, with certain exceptions. Existing law defines “recreational purpose” for purposes of this law to mean certain activities, including among others, hang gliding.

This bill would expand the definition of “recreational purpose” to include other aviation activities.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 846 of the Civil Code is amended to read:

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846.  

An owner of any estate or any other interest in real
3property, whether possessory or nonpossessory, owes no duty of
4care to keep the premises safe for entry or use by others for any
5recreational purpose or to give any warning of hazardous
6conditions, uses of, structures, or activities onbegin delete suchend deletebegin insert thoseend insert premises
P2    1to persons entering forbegin delete suchend deletebegin insert a recreationalend insert purpose, except as
2provided in this section.

3A “recreational purpose,” as used in this section, includesbegin delete suchend delete
4 activitiesbegin insert suchend insert as fishing, hunting, camping, water sports, hiking,
5spelunking, sport parachuting, riding, including animal riding,
6snowmobiling, and all other types of vehicular riding, rock
7collecting, sightseeing, picnicking, nature study, nature contacting,
8recreational gardening, gleaning, hang gliding,begin insert other aviation
9activities,end insert
winter sports, and viewing or enjoying historical,
10archaeological, scenic, natural, or scientific sites.

11An owner of any estate or any other interest in real property,
12whether possessory or nonpossessory, who gives permission to
13another for entry or use for the above purpose upon the premises
14does not thereby (a) extend any assurance that the premises are
15safe forbegin delete suchend deletebegin insert thatend insert purpose, or (b) constitute the person to whom
16permission has been granted the legal status of an invitee or
17licensee to whom a duty of care is owed, or (c) assume
18responsibility for or incur liability for any injury to person or
19property caused by any act ofbegin delete suchend deletebegin insert theend insert person to whom permission
20has been granted except as provided in this section.

21This section does not limit the liability which otherwise exists
22(a) for willful or malicious failure to guard or warn against a
23dangerous condition, use, structure or activity; or (b) for injury
24suffered in any case where permission to enter for the above
25purpose was granted for a consideration other than the
26consideration, if any, paid to said landowner by the state, or where
27consideration has been received from others for the same purpose;
28or (c) to any persons who are expressly invited rather than merely
29permitted to come upon the premises by the landowner.

30Nothing in this section creates a duty of care or ground of
31liability for injury to person or property.



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