Indiana § 14-22-10-2 - Restrictions on landowner liability to recreational users

§ 14-22-10-2. Restrictions on landowner liability to recreational users

Sec. 2. (a) As used in this section and section 2.5 of this chapter, "governmental entity" means any of the following:

(1) The government of the United States of America.

(2) The state.

(3) A county.

(4) A city.

(5) A town.

(6) A township.

(7) The following, if created by the Constitution of the United States, the Constitution of the State of Indiana, a statute, an ordinance, a rule, or an order:

(A) An agency.

(B) A board.

(C) A commission.

(D) A committee.

(E) A council.

(F) A department.

(G) A district.

(H) A public body corporate and politic.

(b) As used in this section and section 2.5 of this chapter, "monetary consideration" means a fee or other charge for permission to go upon a tract of land. The term does not include:

(1) the gratuitous sharing of game, fish, or other products of the recreational use of the land;

(2) services rendered for the purpose of wildlife management; or

(3) contributions in kind made for the purpose of wildlife management.

(c) As used in this section and section 2.5 of this chapter, "owner" means a governmental entity or another person that:

(1) has a fee interest in;

(2) is a tenant, a lessee, or an occupant of; or

(3) is in control of;

a tract of land.

(d) A person who goes upon or through the premises, including caves, of another:

(1) with or without permission; and

(2) either:

(A) without the payment of monetary consideration; or

(B) with the payment of monetary consideration directly or indirectly on the person's behalf by an agency of the state or federal government;

for the purpose of swimming, camping, hiking, sightseeing, exercising, cycling, or accessing or departing from a trail, a greenway, or another similar area, or for any other purpose (other than the purposes described in section 2.5 of this chapter) is subject to the limitations of liability granted to the owner of the premises described in subsection (e).

(e) The owner of the premises does not assume responsibility or incur liability for an injury or damage to a:

(1) person caused by:

(A) an act; or

(B) the failure to act;

of another person using the premises;

(2) person caused by a condition on the land; or

(3) person's property caused by:

(A) the act of another person using the premises; or

(B) a condition on the land.

(f) This section does not affect the following:

(1) Business invitees in for-profit establishments.

(2) The attractive nuisance doctrine.

(g) This section does not excuse the owner or occupant of premises from liability for injury to a person or property caused by a malicious or an illegal act of the owner or occupant.

(h) This section does not apply to a parcel of land assessed as residential land.

[Pre-1995 Recodification Citation: 14-2-6-3.]

As added by P.L.1-1995, SEC.15. Amended by P.L.178-1995, SEC.3; P.L.138-1997, SEC.2; P.L.75-1998, SEC.2; P.L.29-2018, SEC.1; P.L.113-2019, SEC.1; P.L.123-2026, SEC.31.