Bill Text: CA SB1072 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Real property: duty of care: recreational purposes: aviation activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-06-25 - Chaptered by Secretary of State. Chapter 52, Statutes of 2014. [SB1072 Detail]

Download: California-2013-SB1072-Introduced.html

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BILL NUMBER: SB 1072	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Fuller

                        FEBRUARY 19, 2014

   An act to amend Section 846 of the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1072, as introduced, Fuller. Real property: duty of care:
recreational purposes: aviation activities.
   Existing law provides that an owner of any estate or interest in
real property owes no duty of care to keep the premises safe for
entry or use by others for any recreational purpose or to give any
warning of hazardous conditions, uses of, structures, or activities
on those premises to persons entering for a recreational purpose,
with certain exceptions. Existing law defines "recreational purpose"
for purposes of this law to mean certain activities, including among
others, hang gliding.
   This bill would expand the definition of "recreational purpose" to
include other aviation activities.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 846 of the Civil Code is amended to read:
   846.  An owner of any estate or any other interest in real
property, whether possessory or nonpossessory, owes no duty of care
to keep the premises safe for entry or use by others for any
recreational purpose or to give any warning of hazardous conditions,
uses of, structures, or activities on  such  
those  premises to persons entering for  such 
 a recreational  purpose, except as provided in this
section.
   A "recreational purpose," as used in this section, includes
 such  activities  such  as fishing,
hunting, camping, water sports, hiking, spelunking, sport
parachuting, riding, including animal riding, snowmobiling, and all
other types of vehicular riding, rock collecting, sightseeing,
picnicking, nature study, nature contacting, recreational gardening,
gleaning, hang gliding,  other aviation activities,  winter
sports, and viewing or enjoying historical, archaeological, scenic,
natural, or scientific sites.
   An owner of any estate or any other interest in real property,
whether possessory or nonpossessory, who gives permission to another
for entry or use for the above purpose upon the premises does not
thereby (a) extend any assurance that the premises are safe for
 such   that  purpose, or (b) constitute
the person to whom permission has been granted the legal status of an
invitee or licensee to whom a duty of care is owed, or (c) assume
responsibility for or incur liability for any injury to person or
property caused by any act of  such   the 
person to whom permission has been granted except as provided in this
section.
   This section does not limit the liability which otherwise exists
(a) for willful or malicious failure to guard or warn against a
dangerous condition, use, structure or activity; or (b) for injury
suffered in any case where permission to enter for the above purpose
was granted for a consideration other than the consideration, if any,
paid to said landowner by the state, or where consideration has been
received from others for the same purpose; or (c) to any persons who
are expressly invited rather than merely permitted to come upon the
premises by the landowner.
   Nothing in this section creates a duty of care or ground of
liability for injury to person or property.