NORTH CAROLINA GENERAL ASSEMBLY

1963 SESSION

 

 

CHAPTER 298

HOUSE BILL 187

 

 

AN ACT RELATING TO THE LIABILITY OF LANDOWNERS TO HUNTERS, FISHERMEN, TRAPPERS, CAMPERS, HIKERS AND OTHER RECREATION USERS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 113, General Statutes of North Carolina, is hereby amended by adding, following' Article 10A thereof, a new Article, to be designated Article 10B, and to read as follows:

"Article 10B

"Liability of Landowners to Authorize Users.

"Sec. 113-120.5.  Except as provided in Section 113-120.6, an owner, lessee, occupant or person in control of premises who gives permission to another to hunt, fish, trap, camp, hike, or for other recreational use upon such premises does not thereby extend any assurance that the premises are safe for such purpose, or that a duty of care is owed or that he assumes responsibility for or incurs liability for any injury to person or property caused by an act of persons to whom the permission is granted, nor to any person or persons who enter without permission: Provided, that nothing contained in this Section or Article shall be construed as limiting or nullifying the doctrine of attractive nuisance as the same prevails in this jurisdiction.

"Sec. 113.120.6.  This Article does not affect the liability which would otherwise exist for failure to guard, or to warn, against a dangerous condition, use, structure or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, hike, or for other recreational use was granted for a consideration other than the consideration, if any, paid to said landowner by the State or paid by other governmental unit; or for injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, or for other recreational use was granted, or to other persons as to whom the person granting permission, or the owner, lessee, occupant, or person in control of the premises, owed a duty to keep the premises safe or to warn of danger.

"Sec. 113-120.8.  As used in this Section the word 'premises' includes lands, waters, and private ways and any buildings and structures on such lands, waters, and private ways."

Sec. 2.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 26th day of April, 1963.