North Carolina General Statutes 14-159.23. Limitation of liability of owners and agents
Terms Used In North Carolina General Statutes 14-159.23
- cave: includes or is synonymous with cavern, pit, well, sinkhole, and grotto;
(2) "Commercial cave" means any cave with improved trails and lighting utilized by the owner for the purpose of exhibition to the general public as a profit or nonprofit enterprise, wherein a fee is collected for entry;
(3) "Gate" means any structure or device located to limit or prohibit access or entry to any cave;
(4) "Person" means any individual, partnership, firm, association, trust or corporation;
(5) "Speleothem" means a natural mineral formation or deposit occurring in a cave. See North Carolina General Statutes 14-159.20
- Owner: means a person who has title to land where a cave is located, including a person who owns title to a leasehold estate in such land. See North Carolina General Statutes 14-159.20
- property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
The owner of a cave, and his agents and employees, shall not be liable for any injury to, or for the death of any person, or for any loss or damage to property, by reason of any act or omission unless it is established that the injury, death, loss, or damage occurred as a result of gross negligence, wanton conduct, or intentional wrongdoing. The limitation of liability provided by this section applies only with respect to injury, death, loss, or damage occurring within a cave, or in connection with entry into or exit from a cave, and applies only with respect to persons to whom no charge has been made for admission to the cave. (1987, c. 449.)