2 O.S. § 1301-315 (OSCN 1999)

Oklahoma Statutes
Cite As: 2 O.S. § 1301-315 (OSCN 1999)

Title 2. Agriculture

Chapter 28

SUPERSEDED

Superseded Effective November 01,2000

Oklahoma Forestry Code
Article III. General Forestry Laws
§1301-315. Limitation on Liability of Persons Making Available to Public Certain Areas for Recreational Purposes Without Charge.

A. The purpose of this section is to encourage persons to make available to the public land, water areas and park areas for outdoor recreational purposes by limiting their liability to persons going thereon and to third persons who may be damaged by the acts or omissions of persons going thereon.

B. An owner or lessee who provides the public with a park area for outdoor recreational purposes owes no duty of care to keep that park area safe for entry or use by others, or to give warning to persons entering or going on that park area of any hazardous conditions, structures or activities thereon. An owner or lessee who provides the public with a park area for outdoor recreational purposes shall not by providing that park area:

1. Be presumed to extend any assurance that such park area is safe for any purpose;

2. Incur any duty of care toward a person who goes on the park area; or

3. Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on that park area.

C. This section shall not apply if there is any charge made or usually made by entering or using such park area, or any part thereof, or if any commercial or other activity for profit is conducted on such park area, or any part thereof.

D. An owner of land or water area leased to the state for outdoor recreational purposes owes no duty of care to keep that land or water area safe for entry or use by others, or to give warning to persons entering or going on that land or water of any hazardous conditions, structures or activities thereon. Any owner who leases land or water area to the state for outdoor recreational purposes shall not by giving such lease:

1. Be presumed to extend any assurance that such land or water area is safe for any purpose;

2. Incur any duty of care toward a person who goes on the leased land or water area; or

3. Become liable or responsible for any injury to persons or property caused by the act or omission of a person who goes on the leased land or water area. The foregoing applies whether the person going on the leased land or water area is an invitee, licensee, trespasser or otherwise.

E. This act does not relieve any person of liability which would otherwise exist for want of ordinary care or for deliberate, willful or malicious injury to persons or property. The provisions hereof shall not be deemed to create or increase the liability of any person.

F. The term outdoor recreational purposes as used in this act shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing and visiting historical, archaeological, scenic or scientific sites.

Historical Data

Laws 1971, c. 349, § 315, emerg. eff. June 24, 1971 tempmarker