Bill would limit liability for free recreation on certain lands

The State of Nevada and its local governments would not be liable for injuries connected to recreation on certain public premises. The premises must be owned, leased, or occupied by a public agency and included in a recreation plan, designated for recreation, or part of a public trail or similar path. The protection would apply only to the public agency, not to another person or entity that leases, occupies, or uses the premises. The protection would not cover willful or malicious failure to guard against or warn about a dangerous condition, use, structure, or activity.

Qualifying nonprofits and owners, lessees, or occupants of rural or semi-rural nonresidential land would generally not be liable for injuries to people engaging in recreation. Nonprofit protection would cover free public trails of at least 100 miles, parks of at least 10 acres, and washes preserved under a federal permit. The rural-land protection would cover rural or semi-rural nonresidential land. A nonprofit property must remain open to the public for free, as stated in the deed. Nonprofit protection would not cover areas that charge an admission or use fee or are leased to another person or entity. The rural-land protection would not limit liability that another private landowner would otherwise have. These protections would not cover willful or malicious failure to guard against or warn about dangerous conditions, paid permission in most cases, or certain injuries caused by people given permission to use the land.

People using covered land for recreation would not gain property rights, and the landowner or public agency would generally have no duty to make the land safe or warn about hazards. The rules would apply to public premises, qualifying nonprofit land, and rural or semi-rural nonresidential land covered by the other provisions. The protections would not create a duty of care or liability for injuries caused by people who enter or use the premises. Recreational activity would include activities such as hunting, camping, hiking, sightseeing, sports, riding animals, and recreational gardening. Walking, cycling, transportation, daily living, employment, and delivery work would not count as recreational activity when done for those nonrecreational purposes. If a court grants or denies immunity to the State or a local government, an interlocutory appeal would be available to the Nevada Supreme Court.