LIABILITY OF LANDOWNERS WHO PROVIDE RIVER ACCESS

[CAPTAIN ALEVE]

As the search for access continues on many streams in Arkansas, you should be aware of an important state law that protects landowners.

You can assure a landowner in Arkansas that, if he grants the Arkansas Canoe Club permission to use his property to access a steam, he is protected from legal action taken by someone who has been injured on that property. However, a reasonable effort has to be made by the landowner to inform those granted access of any hazards. This protection may apply when access is granted to individuals. Liability is an issue that is on the minds of most people; this law should eliminate liability from being a reason to not grant access.

Here is the statute that I believe was adopted in 1994:


Arkansas Recreational Use Statute

TITLE 18. PROPERTY
SUBTITLE 2. REAL PROPERTY
CHAPTER 11. REAL PROPERTY INTERESTS GENERALLY
SUBCHAPTER 3. RECREATIONAL USES -- OWNER'S LIABILITY
Stat. Ann. 18-11-301 (1994)

18-11-301. Purpose
The purpose of this subchapter 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.

18-11-302. Definitions
As used in this subchapter, unless the context otherwise requires:
(1) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty;
(2) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises;
(3) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof:
(A) Hunting;
(B) Fishing;
(C) Swimming;
(D) Boating;
(E) Camping;
(F) Picnicking;
(G) Hiking;
(H) Pleasure driving;
(I) Nature study;
(J) Water skiing;
(K) Winter sports;
(L) Spelunking; and
(M) Viewing or enjoying historical, archeological, scenic, or scientific sites; and
(N) Any other activity undertaken for exercise, education, relaxation, or pleasure on land owned by another;
(4) "Charge" means an admission fee for permission to go upon or use the land, but does not include:
(A) The sharing of game, fish, or other products of recreational use; or
(B) Contributions in kind, services, or cash paid to reduce or offset costs and eliminate losses from recreational use;
(5) "Public" and "person" includes the Young Men's Christian Association (Y.M.C.A.), Young Women's Christian Association (Y.W.C.A.), Boy Scouts of America, Girl Scouts of the United States of America, Boys Clubs of America, Girls Clubs of America, churches, religious organizations, fraternal organizations, and other similar organizations.

18-11-303. Construction
Nothing in this subchapter shall be construed to:
(1) Create a duty of care or ground of liability for injury to persons or property;
(2) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this subchapter to exercise care in his use of the land and in his activities thereon or relieve any person from the legal consequences of failure to employ such care.

18-11-304. Duty of care
Except as specifically recognized by or provided in 18-11-307, an owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.

18-11-305. Owner's immunity from liabilityExcept as specifically recognized by or provided in 18-11-307, an owner of land who, either directly or indirectly, invites or permits without charge any person to use his property for recreational purposes does not thereby:
(1) Extend any assurance that the lands or premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons;
(4) Assume responsibility for or incur liability for injury to the person or property caused by any natural or artificial condition, structure, or personal property on the land.
18-11-306. Land leased to state
Unless otherwise agreed in writing, the provisions of 18-11-304 and 18-11-305 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.

18-11-307. Exceptions to owner's immunity
Nothing in this subchapter limits in any way liability which otherwise exists:
(1) For malicious, but not mere negligent, failure to guard or warn against an ultra-hazardous condition, structure, personal property, use, or activity actually known to the owner to be dangerous; and
(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that, in the case of land leased to the state, a subdivision thereof, or to a third person, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this section.

Reviewed by AAHS in July 2001.

Captain Aleve, alias Mike Coogan