CALL/TXT UTAH ATV ACCIDENT INJURY ATTORNEY JAKE GUNTER (801) 373-6345



NEW LANDOWNER LIABILITY LAW. Effective 05/01/2024 the existing landowner liability statute for recreational accidents changed to add rock climbing. Just a new category was added. No substantive changes were made to the statute.

Existing Recreational Use Limited Liability Use Law. Utah Code 57-14-2

The existing rule is an owner of land owes no duty of care to keep the land safe for entry or use  by any person entering or using the land for any recreational purpose or to give warning of a dangerous condition, use, structure, or activity on the land.

Exceptions to the “Liability Relating to Recreational Use” Law at Utah Code 57-14-2

Utah has a statute limiting the liability of innocent, passive landowners from people getting hurt during listed recreational activities. The Utah Legislature added rock climbing. The existing law limits liability to landowners unless the landowner:

(a) willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; (b) deliberate, willful, or malicious injury to persons or property; or
(c) an injury suffered where the owner of land charges a person to enter or go on the land or use the land for any recreational purposes.”

If the landowner leases the land to the State of Utah, the lease payments are not considered charging an entrance fee. Railroad corridors, dam owners and hunting cooperative also are not considered to have charged a fee.

Dangerous Conditions on the Land. Utah Premise Liability Law

This statute limits the standing common law in Utah regarding premise liability. For non-trespassers, Utah premise liability law is broken into two categories.

(1). Temporary dangerous conditions on the land. Temporary conditions on the land are your classic slip and falls on water, ice, banana peels or other temporary conditions on the land that hurt people. The limiting aspect of landowner liability is that the landowner must have knowledge of the temporary dangerous condition on the land and do nothing about it. They just let is sit and someone gets hurt because of it.

(2). Permanent dangerous conditions on the land. Dangerous permanent conditions on the land can be defectively installed decks or handrails. Or flooring that is clearly too slick and slanted for snowy conditions. Other permanent conditions could be overhangs or awnings above tenant doors and stairs leading to their apartments. The landowner is the one who created the dangerous permanent condition and therefore no notice is needed.

CALL/TXT UTAH RECREATIONAL INJURY ATTORNEY JAKE GUNTER (801) 373-6345 IF YOU HAVE BEEN HURT THROUGH NO FAULT OF YOUR OWN ON A ATV/4WHEELER/SIDE-BY-SIDE?

The current list of recreational activities where the landowner bears no significant liability for recreational injuries are:

(6)”Recreational purpose” includes , but is not limited to, any of the following or any
combination thereof of the following:
(a)hunting;
(b)fishing;
(c)swimming;
(d)skiing;
(e)snowshoeing;
(f)camping;
(g)picnicking;
(h)hiking;
(i)studying nature;
(j)waterskiing;
(k)engaging in water sports;
(l)engaging in equestrian activities;
(m)using boats;
(n)mountain biking;
(o)riding narrow gauge rail cars on a narrow gauge track that does not exceed 24 inch
gauge;
(p)using off-highway vehicles or recreational vehicles;
(q)viewing or enjoying historical, archaeological, scenic, or scientific sites;
(r)aircraft operations; and
(s)equestrian activity, skateboarding, skydiving, paragliding, hang gliding, roller
skating, ice skating, walking, running, jogging, bike riding, or in-line skating . ;
(t) rock climbing; or
(u) any other similar activity or combination of similar activities.