Iowa Code 461C.6 – When liability lies against holder
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Nothing in this chapter limits in any way any liability which otherwise exists:
1. For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
Terms Used In Iowa Code 461C.6
- Charge: means any consideration, the admission price or fee asked in return for invitation or permission to enter or go upon the land. See Iowa Code 461C.2
- Holder: means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises; provided, however, holder shall not mean the state of Iowa, its political subdivisions, or any public body or any agencies, departments, boards, or commissions thereof. See Iowa Code 461C.2
- Land: includes land that is not open to the general public. See Iowa Code 461C.2
- 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
- Person: means an individual, partnership, firm, corporation, or association. See Iowa Code 462A.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- United States: includes all the states. See Iowa Code 4.1
- Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
2. For injury suffered in any case where the holder of land charges the person or persons who enter or go on the land for the recreational use thereof or for deer hunting, except that in the case of land or any interest or right therein, leased or transferred to, or the subject of any agreement with, the United States or any agency thereof or the state or any agency thereof or subdivision thereof, any consideration received by the holder for such lease, interest, right, or agreement shall not be deemed a charge within the meaning of this section.