Senate Bill 2551

AN ACT TO AMEND SECTIONS 89-2-3, 89-2-23, 89-2-25 AND 89-2-27, MISSISSIPPI CODE OF 1972, TO ADD THE OPERATION OF AIRCRAFT TO THE LIST OF AUTHORIZED RECREATIONAL ACTIVITIES PERMITTED FOR PUBLIC USE ON CERTAIN PROPERTY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 89-2-3, Mississippi Code of 1972, is amended as follows:

89-2-3. The term "outdoor recreational purposes" as used in this chapter shall include, but not necessarily be limited to, hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, operating aircraft and visiting historical, archaeological, scenic or scientific sites.

SECTION 2. Section 89-2-23, Mississippi Code of 1972, is amended as follows:

89-2-23. Except as provided for in Section 89-2-27, a landowner: (a) shall owe no duty of care to keep land or premises safe for entry or use by others for hunting, fishing, trapping, camping, water sports, hiking, operating aircraft or sightseeing; and (b) shall not be required to give any warning to any person entering on land or premises for hunting, fishing, trapping, camping, water sports, hiking, operating aircraft or sightseeing as to any hazardous conditions or uses of, or hazardous structures or activities on such land or premises.

SECTION 3. Section 89-2-25, Mississippi Code of 1972, is amended as follows:

89-2-25. Any landowner who gives permission to another person to hunt, fish, trap, camp, hike, operate aircraft or sightsee upon land or premises shall not, by the sole act of giving such permission, be considered or construed to have:

(a) Extended any assurance that the premises are safe for such purposes;

(b) Caused the person to whom permission has been granted to be constituted the legal status of an invitee to whom a duty of care is owed; or

(c) Assumed responsibility or liability for any injury to such person or his property caused by any act of such person to whom permission has been granted, except as provided in Section 89-2-27.

SECTION 4. Section 89-2-27, Mississippi Code of 1972, is amended as follows:

89-2-27. This article shall not limit any liability which otherwise exists for:

(a) Willful or malicious failure to guard or warn against a hazardous condition, use, structure or activity;

(b) Injuries suffered in any case where permission to hunt, fish, trap, camp, hike, operate aircraft, sightsee or engage in any other lawful activity was granted for a consideration other than the consideration, if any, paid to the landowner by the State of Mississippi, the federal government, or any other governmental agency; or

(c) Injuries to third persons or to persons to whom the landowner owed a duty to keep the land or premises safe or to warn of danger, which injuries were caused by acts of persons to whom permission to hunt, fish, camp, hike, operate aircraft, sightsee or engage in any other lawful activity was granted.

SECTION 5. This act shall take effect and be in force from and after July 1, 2012.