Oklahoma § 76-10.1 - Landowners encouraged to make land available to public

§ 76-10.1. Landowners encouraged to make land available to public

for recreational purposes - Limitation on liability – Definitions –

Applicability of section to land and attached roads, water and

structures used primarily for farming or ranching activities.

A. 1. The purpose of this section is to encourage landowners

to make land available to the public for outdoor recreational

purposes by limiting their liability to persons entering upon and

using such land and to third persons who may be damaged by the acts

or omissions of persons going upon these lands.

2. As used in this section:

a.

"land" means real property, roads, water,

watercourses, private ways, buildings, structures, and

machinery or equipment when attached to realty,

b.

"outdoor recreational purposes" includes any of the

following, or any combination thereof: hunting,

fishing, swimming, boating, camping, picnicking,

hiking, pleasure driving, jogging, cycling, other

sporting events and activities, nature study, water

skiing, jet skiing, winter sports, viewing or enjoying

historical, archaeological, scenic, or scientific

sites, and aviation at non-public-use airports,

c.

"owner" means the possessor of a fee interest, a

tenant, lessee, occupant, or person in control of the

land,

d.

"charge" means the admission price or fee asked in

return for invitation or permission to enter or go

upon the land. The term "charge" shall not include:

(1) a license or permit fee imposed by a governmental

entity for the purpose of regulating the use of

land, a water or park area, or lake reservation,

(2) hunting, fishing, boating, and other license and

permit fees,

(3) hunting or fishing leases, or

(4) donations made at fly-ins at non-public-use

airports, and

e.

"non-public-use airport" means an airport that is

primarily used by the owner with access to the public

as permitted by the owner.

B. An owner who provides the public with land for outdoor

recreational purposes owes no duty of care to keep the land safe for

entry or use by others, or to give warning to persons entering or

using the land of any hazardous conditions, structures, or

activities.

Oklahoma Statutes - Title 76. Torts

C. 1. Except as otherwise provided by this section, an owner

who provides the public with land for outdoor recreational purposes

shall not:

a.

be presumed to extend any assurance that the land is

safe for any purpose,

b.

incur any duty of care toward a person who enters or

uses the land, or

c.

assume any liability or responsibility for any injury

to persons or property caused by the act or omission

of a person who enters or uses the land.

2. This subsection applies whether the person entering or using

the land is an invitee, licensee, trespasser, or otherwise.

D. This section shall not apply if:

1. Any charge is made or is usually made for entering or using

any part of the land; or

2. Any commercial or other activity for profit directly related

to the use is conducted on any part of the land.

E. 1. An owner of land leased to the state or to other public

entity for outdoor recreational purposes owes no duty of care to

keep the land safe for entry or use by others, or to give warning to

persons entering or using the land of any hazardous conditions,

structures, or activities. Any owner who leases or subleases land

to the state or other public entity for outdoor recreational

purposes shall not:

a.

be presumed to extend any assurance that the land is

safe for any purpose,

b.

incur any duty of care toward a person who enters or

uses the leased land, or

c.

become liable or responsible for any injury to persons

or property caused by the act or omission of a person

who enters or uses the leased land.

2. This subsection applies whether the person entering or using

the leased land is an invitee, licensee, trespasser, or otherwise,

notwithstanding any other section of law.

F. 1. Except as provided in this section, no person is

relieved of liability which would exist for want of ordinary care or

for deliberate, willful, or malicious injury to persons or property.

The provisions shall not create or increase the liability of any

person.

2. This section shall not relieve any owner of any liability

for the operation and maintenance of structures affixed to real

property by the owner for use by the general public.

G. By entering or using land, no person shall be deemed to be

acting as an employee or agent of the owner whether the entry or use

is with or without the knowledge or consent of the owner.

H. The provisions of this section shall not apply to any land

that is used primarily for farming or ranching activities or to

Oklahoma Statutes - Title 76. Torts

roads, water, watercourses, private ways, buildings, structures, and

machinery or equipment when attached to realty which is used

primarily for farming or ranching activities.

The Oklahoma Limitation of Liability for Farming and Ranching

Land Act shall govern such land.

Added by Laws 1971, c. 349, § 315, emerg. eff. June 24, 1971.

Amended by Laws 2000, c. 141, § 1, eff. Nov. 1, 2000; Laws 2001, c.

113, § 51, emerg. eff. April 18, 2001. Renumbered from § 1301-315

of Title 2 by Laws 2001, c. 113, § 56, emerg. eff. April 18, 2001.

Amended by Laws 2004, c. 368, § 25, eff. Nov. 1, 2004. Renumbered

from § 16-71 of Title 2 by Laws 2004, c. 368, § 68, eff. Nov. 1,

2004. Amended by Laws 2013, c. 225, § 1, eff. Nov. 1, 2013.