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But our ground is agricultural ground and that is it's only use....not recreational. We carry liabilty on all our farm ground so tresspassors, or even any one who comes on our ground and steps in a hole or gets gored by a bull won't end up owning our family farm.
You're not quite following me. If you let people hunt, picnic, mountain bike, etc. , on your property they are using it for recreational purposes and under your state's statutes you have no duty whatsoever to maintain it in a safe condition for their use or to warn them about any hazards. They use it at their own risk and cannot hold you liable for any damages.
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Kansas Recreational Use Statute
KANSAS STATUTES
CHAPTER 58. PERSONAL AND REAL PROPERTY
ARTICLE 32. LAND AND WATER RECREATIONAL AREAS
58-3201. Limiting liability of property owners to persons entering premises for recreational purposes.
The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
58-3202. Limiting liability of property owners to persons entering premises for recreational purposes; definitions.
As used in this act: (a) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land.
(b) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.
(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
(d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(e) "Agricultural land" means land suitable for use in farming and includes roads, water, watercourses and private ways located upon or within the boundaries of such agricultural land and buildings, structures and machinery or equipment when attached to such agricultural land.
(f) "Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock.
(g) "Nonagricultural land" means all land other than agricultural land.
58-3203. Limited liability of property owners; owner's duty of care.
Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning.
58-3204. Same; owner's responsibility.
Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property, or any part of such property, for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose.
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
58-3205. Same; application to lands leased to state or subdivision.
Unless otherwise agreed in writing, the provisions of K.S.A. 58-3203 and 58-3204 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.
58-3206. Same; nonapplication of act to certain liabilities.
Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
58-3207. Same; construction of act as to certain liabilities and obligations.
Nothing in this act shall be construed to: (a) Create a duty of care or ground of liability for injury to persons or property.
(b) Relieve any person using the land of another for recreational purposes from any obligation which such person may have in the absence of this act to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care.
Amended in 1996.
Reviewed by AAHS in July 2001.
Yes, Nebraska has a law like that, but it fell apart because in at least 2 cases the injured party claimed that the injury was caused by negligence of the property owner. One was a person that stepped in a hole and broke her ankle. The other was a kid that hit a tree sledding. The courts decided that the hole and tree were obvious dangers that the public needed protection from and that the land owners were or should have been aware of the obvious danger and not addressing the problems were gross negligence resulting in injury. Liability is a wierd thing within the law. For instance, a parent cannot sign away a child's right to sue. So even if a parent signs a waiver for their child, it is often worthless. If you are aware that children sled on your property and don't take action to be sure that they don't crash into the tree at the bottom of the hill, you can be liable. A good lawyer can very often prove negligence on the part of the landowner when something bad happens. Sure, if a hunter points his rifle at a buddy and it goes off killing him, you might be OK. However, if the guy trips over a log from an old wood pile covered in leaves and his rifle goes off shooting someone, you might be held liable. After all, you should have known the tripping hazard was there, and you knew that people might be walking around the area with loaded rifles. It's sad, but that's the way it is.
