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Landowners Liability for Recreational Activities in New Hampshire

February 9, 2013


A Bill has been introduced this session amending RSA 212:34 whereby a landowner who permits her land to be used for recreational purposes would owe NO duty of care to persons on the premises involved in the construction of facilities related to such recreational activities. I spoke against this amendment at the meeting of the Legislative Committee of the N H Bar on the basis that the encouragement of recreational land use should not be used as a pretext to denying injured works their rights.

 Furthermore,  the  amendment does not incorporate other language in the present bill that does not limit liability which otherwise exists for  [1]willful  or malicious failure to guard or warn against a dangerous condition, use, structure, or activity   [2] injury suffered where permission was granted for a charge [3]injury caused by acts of persons to whom  permission was granted to third persons to whom the landowner owed a duty to keep the premises safe or warn of danger [4]intentional acts of the landowner  . The committee is bringing  these important omissions to the attention of the Board.   

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