Tennessee § 70-7-104 - Conditions under which liability unaffected.

§ 70-7-104. Conditions under which liability unaffected.

This part does not limit the liability that otherwise exists for: Gross negligence, willful or wanton conduct that results in a failure to guard or warn against a dangerous condition, use, structure or activity; or Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, sightsee, cave, recreational noncommercial aircraft operations or recreational noncommercial ultra light vehicle operations on private airstrips, or any other legal purpose was granted, to third persons or to persons to whom the person granting permission, or the landowner, lessee, occupant, or any person in control of the land or premises, owed a duty to keep the land or premises safe or to warn of danger. Subdivision (a)(1) shall not be construed to impose liability or remove the immunity conferred by § 70-7-102 for failure to guard or warn of a dangerous condition created by forces of nature. Acts 1963, ch. 177, § 5; T.C.A., § 51-805; Acts 1987, ch. 448, §§ 4, 5; 2004, ch. 622, § 9; 2009, ch. 602, § 1; 2010, ch. 968, § 3. Compiler's Notes. Acts 2004, ch. 622, § 10 provided that in carrying out the purposes of the act, the wildlife resources commission (now the fish and wildlife commission) shall put first and foremost the welfare of wildlife and their environment and shall not degrade nor permit degradation of the commission’s purpose and mission to protect and preserve the state’s wildlife in accordance with article XI, § 13 of the Constitution of Tennessee.