HF 1119

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; recreational activities; 
  1.3             limiting the liability of resorts; providing attorney 
  1.4             fees in certain cases; amending Minnesota Statutes 
  1.5             1994, sections 604A.20; 604A.21, subdivisions 3, 5, 
  1.6             and by adding subdivisions; 604A.25; and 604A.26; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 604A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 604A.20, is 
  1.11  amended to read: 
  1.12     604A.20 [POLICY.] 
  1.13     It is the policy of this state, in furtherance of the 
  1.14  public health and welfare, to encourage and promote the use of 
  1.15  privately owned lands and waters by the public for beneficial 
  1.16  recreational purposes, and the provisions of sections 604A.20 to 
  1.17  604A.27 are enacted to that end.  The legislature finds that 
  1.18  preserving the beauty of nature and the thrill of recreational 
  1.19  activities is often incompatible with the pressure to maintain 
  1.20  safety stemming from increasing litigation, that landowners and 
  1.21  recreational associations are having difficulty obtaining 
  1.22  insurance due to the inherent risks of the recreational 
  1.23  activities they sponsor, that some landowners are refusing to 
  1.24  allow recreational use of their land without charge because 
  1.25  existing law may create a duty to make it safe, and that 
  1.26  differing standards of care are appropriate to different lands 
  1.27  and recreational activities. 
  2.1      Sec. 2.  Minnesota Statutes 1994, section 604A.21, 
  2.2   subdivision 3, is amended to read: 
  2.3      Subd. 3.  [LAND.] "Land" means privately owned or leased 
  2.4   land, roads road rights-of-way, water, watercourses, private 
  2.5   ways and buildings, structures, and machinery or equipment when 
  2.6   attached to the land.  "Land" does not include those public 
  2.7   lands already subject to a specific standard of care or immunity 
  2.8   pursuant to section 3.736, subdivision 3, or 466.03. 
  2.9      Sec. 3.  Minnesota Statutes 1994, section 604A.21, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 3a.  [GROSS NEGLIGENCE.] "Gross negligence" means an 
  2.12  act or omission respecting legal duty of an aggravated 
  2.13  character, constituting negligence of the highest degree. 
  2.14     Sec. 4.  Minnesota Statutes 1994, section 604A.21, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 3b.  [INTENTIONALLY.] "Intentionally" means that the 
  2.17  actor either has a purpose to do the thing or cause the result 
  2.18  specified or believes that the act performed by the actor, if 
  2.19  successful, will cause that result. 
  2.20     Sec. 5.  Minnesota Statutes 1994, section 604A.21, 
  2.21  subdivision 5, is amended to read: 
  2.22     Subd. 5.  [RECREATIONAL PURPOSE.] "Recreational purpose" 
  2.23  includes, but is not limited to, hunting; trapping; fishing; 
  2.24  swimming; boating; camping; picnicking; hiking; 
  2.25  bicycling; skiing; horseback riding; firewood gathering; 
  2.26  pleasure driving, including snowmobiling and the operation of 
  2.27  any motorized vehicle or conveyance upon a road or upon or 
  2.28  across land in any manner, including recreational trail use; 
  2.29  nature study; water skiing; winter sports; and viewing or 
  2.30  enjoying historical, archaeological, scenic, or scientific sites.
  2.31     Sec. 6.  Minnesota Statutes 1994, section 604A.21, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 7.  [RESORT.] "Resort" means a public or private 
  2.34  downhill ski area and a building, structure, or enclosure, or a 
  2.35  part of it, located on, or on property adjoining, a lake, 
  2.36  stream, or skiing or hunting area for purposes of providing 
  3.1   convenient access to it; and that is kept, used, maintained, or 
  3.2   advertised as, or held out to the public, and primarily to those 
  3.3   seeking recreation, for periods of one day or longer, and having 
  3.4   for rent one or more cottages, rooms, or enclosures. 
  3.5      Sec. 7.  Minnesota Statutes 1994, section 604A.25, is 
  3.6   amended to read: 
  3.7      604A.25 [OWNER'S LIABILITY; NOT LIMITED.] 
  3.8      Except as otherwise provided in section 604A.253, nothing 
  3.9   in sections 604A.20 to 604A.27 limits liability that otherwise 
  3.10  exists: 
  3.11     (1) for conduct which, at law, entitles a trespasser to 
  3.12  maintain an action and obtain relief for the conduct complained 
  3.13  of; or 
  3.14     (2) for injury suffered in any case where the owner charges 
  3.15  the persons who enter or go on the land for the recreational 
  3.16  purpose, except that in the case of land leased to the state or 
  3.17  a political subdivision, any consideration received from the 
  3.18  state or political subdivision by the owner for the lease is not 
  3.19  considered a charge within the meaning of this section. 
  3.20     Except for conduct set forth in section 604A.22, clause 
  3.21  (3), a person may not maintain an action and obtain relief at 
  3.22  law for conduct referred to by clause (1) if the entry upon the 
  3.23  land is incidental to or arises from access granted for the 
  3.24  recreational trail use of land dedicated, leased, or permitted 
  3.25  by the owners for recreational trail use. 
  3.26     Sec. 8.  [604A.252] [OWNER'S AUTHORITY TO EXCLUDE PUBLIC 
  3.27  USE.] 
  3.28     An owner may exclude recreational users from a portion of 
  3.29  the owner's land that the owner considers inappropriate for 
  3.30  recreational use by erecting a barrier or posting a sign.  
  3.31  Failure to erect a barrier or post a sign does not affect the 
  3.32  protections afforded by this chapter. 
  3.33     Sec. 9.  [604A.253] [LIMITATIONS OF LIABILITY OF RESORTS.] 
  3.34     A resort is not liable for injury to person or property 
  3.35  unless the injury is by the gross negligence of the resort, its 
  3.36  employees, or agents.  This section does not limit the liability 
  4.1   of any other owner or person who imposes a charge for the use of 
  4.2   land by the public for recreational purposes. 
  4.3      Sec. 10.  Minnesota Statutes 1994, section 604A.26, is 
  4.4   amended to read: 
  4.5      604A.26 [LAND USER'S LIABILITY SAVINGS CLAUSE.] 
  4.6      Nothing in sections 604A.20 to 604A.27: 
  4.7      (a) creates a duty of care or limits a privilege, defense, 
  4.8   or immunity provided by sections 3.736, 84.83, 466.03, or other 
  4.9   applicable statute or case law for injury to persons or 
  4.10  property; or 
  4.11     (b) relieves any person using the land of another for 
  4.12  recreational purpose from any obligation that the person may 
  4.13  have in the absence of sections 604A.20 to 604A.27 to exercise 
  4.14  care in use of the land and in the person's activities on the 
  4.15  land, or from the legal consequences of failure to employ that 
  4.16  care.  
  4.17     Sec. 11.  [604A.272] [PROTECTION FROM NUISANCE LAWSUITS.] 
  4.18     (a) If a person brings a claim against an owner in state or 
  4.19  federal court for injury to person or property arising from the 
  4.20  recreational use of land and the court determines that the owner 
  4.21  is immune from liability, the plaintiff shall pay all costs of 
  4.22  litigation, including reasonable attorney fees, incurred by the 
  4.23  owner. 
  4.24     (b) In an action against a resort for injury to person or 
  4.25  property the court shall award attorney fees and costs to a 
  4.26  prevailing resort if the court awards judgment as a matter of 
  4.27  law or if the resort is found less negligent than the plaintiff. 
  4.28     Sec. 12.  [EFFECTIVE DATE; APPLICATION.] 
  4.29     Sections 1 to 11 are effective August 1, 1995, and apply to 
  4.30  causes of action arising on or after that date.