Kentucky Statutes 150.645 – Liability of landowner consenting to hunting, fishing, trapping, camping, or hiking on premises — Claims for property damage by state employees participating in wildlife management practices
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(1) An owner, lessee or occupant of premises who gives permission to another person to hunt, fish, trap, camp or hike upon the premises shall owe no duty to keep the premises safe for entry or use by the person or to give warning of any hazardous conditions on the premises, and the owner, lessee, or occupant, by giving his or her permission, does not thereby extend any assurance that the premises are safe for such purpose, or constitute the person to whom permission is granted an invitee to whom a duty of care is owed. The owner, lessee, or occupant giving permission for any of the purposes stated above shall not be liable for any injury to any person or property caused by the negligent acts of any person to whom permission is granted. This section shall not limit the liability which would otherwise exist for willful and malicious failure to guard or to warn against a dangerous condition, use, structure, or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, or hike was granted for a consideration other than the consideration, if any, as set forth in KRS § 411.190(1)(d), paid to said owner, lessee, or occupant by the state. The word “premises” as used in this section includes lands, private ways, and any buildings and structures thereon. Nothing in this section limits in any way any liability which otherwise exists.
(2) Department employees who participate in bona fide wildlife management practices are agents of the department and state and, in the event property damage does occur, a claim for property damages may only be brought in the Board of Claims pursuant to KRS § 49.040 to KRS § 49.180.
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 80, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 89, effective June 29, 2017. — Amended 2004 Ky. Acts ch. 85, sec. 1, effective July 13, 2004. — Amended 1998 Ky. Acts ch. 275, sec. 4, effective July 15, 1998. — Created 1968 Ky. Acts ch. 38, sec. 29.
(2) Department employees who participate in bona fide wildlife management practices are agents of the department and state and, in the event property damage does occur, a claim for property damages may only be brought in the Board of Claims pursuant to KRS § 49.040 to KRS § 49.180.
Terms Used In Kentucky Statutes 150.645
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Fish and Wildlife Resources. See Kentucky Statutes 150.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Wildlife: means any normally undomesticated animal, alive or dead, including without limitations any wild mammal, bird, fish, reptile, amphibian, or other terrestrial or aquatic life, whether or not possessed in controlled environment, bred, hatched, or born in captivity and including any part, product, egg, or offspring thereof, protected or unprotected by this chapter. See Kentucky Statutes 150.010
Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 80, effective June 29, 2021. — Amended
2017 Ky. Acts ch. 74, sec. 89, effective June 29, 2017. — Amended 2004 Ky. Acts ch. 85, sec. 1, effective July 13, 2004. — Amended 1998 Ky. Acts ch. 275, sec. 4, effective July 15, 1998. — Created 1968 Ky. Acts ch. 38, sec. 29.