§2-16-71.6. Duty of care or ground of liability not created – Persons entering or using lands not relieved of duty of care

§2-16-71.6. Duty of care or ground of liability not created – Persons entering or using lands not relieved of duty of care – Release or waiver binding.

2 OK Stat § 2-16-71.6 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

A. Nothing in the Oklahoma Limitation of Liability for Farming and Ranching Land Act shall be construed to:

1. Create a duty of care or ground of liability for injury to persons or property; or

2. Relieve any person entering or using the land of another for recreational purposes from any obligation which such person may have in the absence of the Oklahoma Limitation of Liability for Farming and Ranching Land Act to exercise care in the use of such land and in the activities thereon, or from the legal consequences of failure to employ such care.

B. 1. No person who has executed a written release of liability or a waiver to sue may maintain an action against or recover damages from a land owner in contravention of the release or waiver for any personal injury or injury to property. The terms of the executed release or waiver shall be binding upon the person signing the document. The provisions of this subsection shall apply regardless of the amount charged per acre for a recreational activity.

2. A release or waiver executed pursuant to this subsection shall not limit the liability of a land owner for willful or wanton acts of negligence or gross negligence.

Added by Laws 1965, c. 384, § 6, emerg. eff. June 30, 1965. Amended by Laws 2004, c. 368, § 31, eff. Nov. 1, 2004. Renumbered from § 15 of Title 76 by Laws 2004, c. 368, § 67, eff. Nov. 1, 2004.

Previous Section

§2-16-71.5. Liability not limited by act.

Next Section

§2-16-71.7. Agricultural land - Trespass - Duty owed.