Indiana Code 14-16-1-28. Duties of landowners and tenants
(1) Keep their premises safe for entry or use by persons operating, using, or riding in vehicles for recreational purposes.
Terms Used In Indiana Code 14-16-1-28
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- 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
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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.
- operate: means to:
Indiana Code 14-16-1-4
- owner: means a person, other than a lienholder, who:
Indiana Code 14-16-1-6
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
- vehicle: refers to an off-road vehicle or a snowmobile. See Indiana Code 14-16-1-7
(b) Except as provided in subsection (d), a landowner or tenant who invites or permits a person to operate, use, or ride in a vehicle for recreational purposes on the landowner’s or tenant’s property does not do any of the following:
(1) Make any representation or extend any assurances that the premises are safe for any purpose.
(2) Confer upon the person the legal status of invitee or licensee to whom a duty of care is owed.
(3) Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is considered applicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to or the subject of an agreement with;
the United States or an agency or a subdivision of the United States or the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person or property.
(C) Injury suffered in any case where the owner of land or tenant charges a fee or admission charge or other valuable consideration to a person who enters or uses the land with a vehicle for the purpose of using the vehicle for recreational purposes.
However, if land or an interest or a right in land is leased or transferred to or the subject of an agreement with the United States or an agency or a subdivision of the United States or to the state or an agency or subdivision of the state, any consideration received by the holder of the lease, interest, right, or agreement is not considered a charge under this section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability for injury to a person or property.
(2) Relieve a person using a vehicle for recreational purposes upon the land of another from an obligation that the person may have in the absence of this section to exercise care in the use of the land and the person’s activities on the land or from the legal consequences of failure to employ care.
[Pre-1995 Recodification Citation: 14-1-3-18.]
As added by P.L.1-1995, SEC.9.