SB 1072, as amended, 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 includebegin delete other aviation activities.end deletebegin insert private noncommercial aviation activities.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 846 of the Civil Code is amended to read:
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
P2 1recreational purpose or to give any warning of hazardous
2conditions, uses of, structures, or activities on those premises to
3persons entering for a recreational purpose, except as provided in
4this section.
5A “recreational purpose,” as used in this section, includes
6
activities such as fishing, hunting, camping, water sports, hiking,
7spelunking, sport parachuting, riding, including animal riding,
8snowmobiling, and all other types of vehicular riding, rock
9collecting, sightseeing, picnicking, nature study, nature contacting,
10recreational gardening, gleaning, hang gliding,begin delete other aviation begin insert private noncommercial aviation activities,end insert winter sports,
11activities,end delete
12and viewing or enjoying historical, archaeological, scenic, natural,
13or scientific sites.
14An owner of any estate or any other interest in real property,
15whether possessory or nonpossessory, who gives permission to
16another for entry or use for the above purpose upon the premises
17does not
thereby (a) extend any assurance that the premises are
18safe for that purpose, or (b) constitute the person to whom
19permission has been granted the legal status of an invitee or
20licensee to whom a duty of care is owed, or (c) assume
21responsibility for or incur liability for any injury to person or
22property caused by any act of the person to whom permission has
23been granted except as provided in this section.
24This section does not limit the liability which otherwise exists
25(a) for willful or malicious failure to guard or warn against a
26dangerous condition, use, structure or activity; or (b) for injury
27suffered in any case where permission to enter for the above
28purpose was granted for a consideration other than the
29consideration, if any, paid to said landowner by the state, or where
30consideration has been received from others for the same purpose;
31or (c) to
any persons who are expressly invited rather than merely
32permitted to come upon the premises by the landowner.
33Nothing in this section creates a duty of care or ground of
34liability for injury to person or property.
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