Senate Committee Substitute

SCS/SB 411 - This act modifies provisions regarding the liability of landowners.

This act provides that no owner of land shall be liable for a trespasser's injuries that occur on his or her residential area or noncovered land if such area or land is adjacent to a park or trail and the trespasser accessed the area or land from the adjacent park or trail. The term "residential area" is currently defined as a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services. This act repeals this definition and provides that the term "residential area" means land used for residential purposes in an area in which housing predominates, as opposed to industrial or commercial areas, and any land used for farming or agricultural purposes.

Currently, a landowner who invites or permits any person to enter onto his or her land for recreational use in compliance with a state-administered recreational access program does not extend any assurance that the premises are safe, confer a duty requiring special or reasonable care, or assume liability for injuries caused by any condition on the premises or by an act or omission of any other person. This act extends these provisions to landowners of property used for recreational purposes in compliance with a state-administered wildlife management program.

Additionally, this act repeals the provision providing that the limitations on liability for owners of land used for recreational purposes does not limit liability that would otherwise be incurred for those who use the land of others, or by owners of land for injuries occurring on or in any land within the corporate boundaries of any city, municipality, town, or village in this state.

This act is identical to provisions in the truly agreed to and finally passed SS/HCS/HB 369 (2021) and SCS/SB 306 (2021) and contains a provision identical to HB 573 (2021). This act is substantially similar to provisions in the perfected HB 1070 (2021), in HCS/SB 377 (2021), in HS/HCS/HB 441 (2021), and HCS/HB 519 (2021), and is similar to provisions in SCS/SB 547 (2021), HB 806 (2021), and HB 2181 (2020).


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