Citations Affected: IC 14-16-1-28.
Synopsis: Off-road vehicle and snowmobile facilities. Provides that
the law under which a landowner does not owe a duty of care to a
person allowed to operate a vehicle for recreational purposes on the
landowner's property applies whether or not the landowner charges the
person a fee.
Effective: July 1, 2009.
January 12, 2009, read first time and referred to Committee on Judiciary.
A BILL FOR AN ACT to amend the Indiana Code concerning
natural and cultural resources.
person or property caused by an act or omission of the person.
(c) Unless otherwise agreed in writing, this section is considered applicable to the duties and liabilities of:
(1) an owner of land leased to; or
(2) the owner of an interest or a right in land transferred to or the subject of an agreement with;
the United States or an agency or a subdivision of the United States or the state or an agency or a subdivision of the state.
(d) This section does not do the following:
(1) Limit in any way any liability that otherwise exists.
(2) Apply to the following:
(A) Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(B) Deliberate, willful, or malicious injury to a person or property.
(C) Injury suffered in any case where the owner of land or
tenant charges a fee or admission charge or other valuable
consideration to a person who enters or uses the land with a
vehicle for the purpose of using the vehicle for recreational
However, if land or an interest or a right in land is leased or transferred to or the subject of an agreement with the United States or an agency or a subdivision of the United States or to the state or an agency or subdivision of the state, any consideration received by the holder of the lease, interest, right, or agreement is not considered a charge under this section.
(e) This section does not do any of the following:
(1) Create or increase a duty of care or ground of liability for injury to a person or property.
(2) Relieve a person using a vehicle for recreational purposes upon the land of another from an obligation that the person may have in the absence of this section to exercise care in the use of the land and the person's activities on the land or from the legal consequences of failure to employ care.