CHAPTER 214
HB 1551 – FINAL VERSION
7Mar2012… 0839h
05/16/12 2232s
05/16/12 2297s
2012 SESSION
09/10
HOUSE BILL 1551
AN ACT clarifying the liability of landowners, lessees, and occupants of premises who allow other persons to use the premises for hunting, fishing, and other recreational purposes or to remove fuel wood, and relative to the losing claimant’s payment of the prevailing party’s costs in actions against such landowners, lessees, and occupants barred by liability immunity provisions.
SPONSORS: Rep. Chandler, Carr 1; Rep. G. Hopper, Hills 7; Rep. Bettencourt, Rock 4; Rep. Bulis, Graf 1; Rep. Newton, Straf 1; Sen. Sanborn, Dist 7; Sen. Forrester, Dist 2; Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3
COMMITTEE: Fish and Game and Marine Resources
This bill clarifies the liability of landowners, lessees, and occupants of premises who allow other persons to use the premises for hunting, fishing, and other recreational purposes or to remove fuel wood. This bill also requires the claimant to pay the attorney’s fees and court costs in actions against such landowners, lessees, and occupants barred by liability immunity provisions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 0839h
05/16/12 2297s
05/16/12 2232s
12-2801
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT clarifying the liability of landowners, lessees, and occupants of premises who allow other persons to use the premises for hunting, fishing, and other recreational purposes or to remove fuel wood, and relative to the losing claimant’s payment of the prevailing party’s costs in actions against such landowners, lessees, and occupants barred by liability immunity provisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
214:1 Duty of Care. RSA 212:34 is repealed and reenacted to read as follows:
212:34 Duty of Care.
I. In this section:
(a) “Charge” means a payment or fee paid by a person to the landowner for entry upon, or use of the premises, for outdoor recreational activity.
(b) “Landowner” means an owner, lessee, holder of an easement, occupant of the premises, or person managing, controlling, or overseeing the premises on behalf of such owner, lessee, holder of an easement, or occupant of the premises.
(c) “Outdoor recreational activity” means outdoor recreational pursuits including, but not limited to, hunting, fishing, trapping, camping, horseback riding, bicycling, water sports, winter sports, snowmobiling as defined in RSA 215-C:1, XV, operating an OHRV as defined in RSA 215-A:1, V, hiking, ice and rock climbing or bouldering, or sightseeing upon or removing fuel wood from the premises.
(d) “Premises” means the land owned, managed, controlled, or overseen by the landowner upon which the outdoor recreational activity subject to this section occurs.
II. A landowner owes no duty of care to keep the premises safe for entry or use by others for outdoor recreational activity or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purposes, except as provided in paragraph V.
III. A landowner who gives permission to another to enter or use the premises for outdoor recreational activity does not thereby:
(a) Extend any assurance that the premises are safe for such purpose;
(b) Confer to the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed; or
(c) Assume responsibility for or incur liability for an injury to person or property caused by any act of such person to whom permission has been granted, except as provided in paragraph V.
IV. Any warning given by a landowner, whether oral or by sign, guard, or issued by other means, shall not be the basis of liability for a claim that such warning was inadequate or insufficient unless otherwise required under subparagraph V(a).
V. This section does not limit the liability which otherwise exists:
(a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity;
(b) For injury suffered in any case where permission to enter or use the premises for outdoor recreational activity was granted for a charge other than the consideration if any, paid to said landowner by the state;
(c) When the injury was caused by acts of persons to whom permission to enter or use the premises for outdoor recreational activity was granted, to third persons as to whom the landowner owed a duty to keep the premises safe or to warn of danger; or
(d) When the injury suffered was caused by the intentional act of the landowner.
VI. Except as provided in paragraph V, no cause of action shall exist for a person injured using the premises as provided in paragraph II or given permission as provided in paragraph III.
VII. If, as to any action against a landowner, the court finds against the claimant because of the application of this section, it shall determine whether the claimant had a reasonable basis for bringing the action, and if no reasonable basis is found, shall order the claimant to pay for the reasonable attorneys' fees and costs incurred by the landowner in defending against the action.
214:2 Effective Date. This act shall take effect upon its passage.
Approved: June 13, 2012
Effective Date: June 13, 2012