Revision: April 9, 2009, midnight
SB 203 – AS AMENDED BY THE SENATE
04/08/09 1179s
2009 SESSION
06/04
SENATE BILL 203
AN ACT relative to liability protection for railroad operators operating alongside recreational trails.
SPONSORS: Sen. Sgambati, Dist 4; Sen. Reynolds, Dist 2; Sen. Janeway, Dist 7; Sen. Gallus, Dist 1; Rep. Stuart, Belk 4; Rep. Merry, Belk 2; Rep. Arsenault, Belk 4; Rep. Reever, Belk 4; Rep. Pilliod, Belk 5
This bill clarifies the liability of railroad operators operating alongside recreational trails.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/08/09 1179s
09-1035
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to liability protection for railroad operators operating alongside recreational trails.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Duty of Care. Amend RSA 212:34 to read as follows:
I. An owner, lessee, or occupant of premises, or railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, trapping, camping, horseback riding, water sports, winter sports, snowmobiling, or OHRVs as defined in RSA 215-A, hiking, bicycling, sightseeing, [or] removal of fuel wood, or other similar activities, or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purposes, except as provided in paragraph III hereof.
II. An owner, lessee, or occupant of premises, or railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, who gives permission to another to hunt, fish, trap, camp, ride horseback, hike, bicycle, use snowmobiles as defined in RSA 215-C, use OHRVs as defined in RSA 215-A, sightsee upon, or remove fuel wood from, such premises, [or] use said premises for water sports, [or] winter sports or other similar activities does not thereby:
(a) Extend any assurance that the premises are safe for such purpose, or
(b) Constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed, or
(c) Assume responsibility for or incur liability for [an injury to person or property] personal injury or property damage caused by any act of such person to whom permission has been granted except as provided in paragraph III hereof.
III. 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 personal injury or property damage suffered in any case where permission to hunt, fish, trap, camp, ride horseback, hike, bicycle, use for water sports, winter sports, use [of] snowmobiles as defined in RSA 215-C, or use [of] OHRVs as defined in RSA 215-A, sightsee, [or] remove fuel wood, or other similar activities was granted for a consideration other than the consideration, if any, paid to said landowner by the state; or
(c) [The] For personal injury or property damage caused by acts of persons to whom permission to hunt, fish, trap, camp, ride horseback, hike, bicycle, use for water sports, winter sports, use [of] snowmobiles as defined in RSA 215-C, or use [of] OHRVs as defined in RSA 215-A, sightsee, [or] remove fuel wood, or other similar activities was granted, to third persons [as] to whom the person granting permission, or the owner, lessee or occupant of the premises, or railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, owed a duty to keep the premises safe or to warn of danger.
IV. Except as provided in paragraph III, a person using the premises as provided in paragraph I or given permission as provided in paragraph II, shall not maintain an action against the owner, occupant, or lessee of the premises, or railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, for any personal injury or property damage which resulted while on the premises.
2 Liability Limited. Amend RSA 231-A:8, I to read as follows:
I. All trails established under this chapter shall be deemed to constitute land open without charge for recreational or outdoor educational purposes pursuant to RSA 212:34 and RSA 508:14, I, and the liability of owners, lessees, or occupants of land affected by a trail, railroad operators who own, lease, occupy, or maintain a right-of-way that is used as part of a designated recreational trail, and of the municipality establishing the trail, shall be limited as set forth in those statutes.
3 Landowner Liability Limited. Amend RSA 508:14, I to read as follows:
I. An owner, occupant, or lessee of land, including the state or any political subdivision, or a railroad operator who owns, leases, occupies, or maintains a right-of-way that is used as part of a designated recreational trail, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage.
4 Effective Date. This act shall take effect upon its passage.