Revision: March 11, 2012, midnight
HB 1551 – AS AMENDED BY THE HOUSE
7Mar2012… 0839h
2012 SESSION
09/10
HOUSE BILL 1551
AN ACT clarifying the liability of landowners, lessees, and occupants of premises who allow other persons to use the premises for hunting, fishing, and other recreational purposes or to remove fuel wood, and relative to the losing party’s payment of the prevailing party’s costs in actions against such landowners, lessees, and occupants.
SPONSORS: Rep. Chandler, Carr 1; Rep. G. Hopper, Hills 7; Rep. Bettencourt, Rock 4; Rep. Bulis, Graf 1; Rep. Newton, Straf 1; Sen. Sanborn, Dist 7; Sen. Forrester, Dist 2; Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3
COMMITTEE: Fish and Game and Marine Resources
This bill clarifies the liability of landowners, lessees, and occupants of premises who allow other persons to use the premises for hunting, fishing, and other recreational purposes or to remove fuel wood. The bill also requires the losing party to pay the prevailing party’s attorney’s fees and court costs in actions against such landowners, lessees, and occupants.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2012… 0839h
12-2801
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT clarifying the liability of landowners, lessees, and occupants of premises who allow other persons to use the premises for hunting, fishing, and other recreational purposes or to remove fuel wood, and relative to the losing party’s payment of the prevailing party’s costs in actions against such landowners, lessees, and occupants.
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:
212:34 Duty of Care.
I. An owner, lessee, manager, holder of an easement, or occupant of premises owes no duty of care to keep such premises safe for entry or use by others for hunting, fishing, trapping, camping, horseback riding, bicycling, water sports, winter sports, snowmobiling, or OHRVs as defined in RSA 215-A, hiking, sightseeing, or removal of fuel wood, 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, manager, holder of an easement, or occupant of premises who gives permission to another to hunt, fish, trap, camp, ride horseback, ride bicycles, hike, 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 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 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 injury suffered in any case where permission to hunt, fish, trap, camp, ride horseback, ride bicycles, hike, 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 was granted for a [consideration] monetary charge other than the [consideration] monetary charge, if any, paid to said landowner by the state; or
(c) The injury caused by acts of persons to whom permission to hunt, fish, trap, camp, ride horseback, ride bicycles, hike, 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 was granted, to third persons as to whom the person granting permission, or the owner, lessee, manager, holder of an easement, or occupant of the premises, 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, lessee, manager, holder of an easement, or occupant[, or lessee] of the premises for any injury which resulted while on the premises.
2 New Section; Assumption of Risk. Amend RSA 212 by inserting after section 34 the following new section:
212:35 Assumption of Risk. It is recognized that outdoor recreational activities may be hazardous. Therefore, each person who partakes in outdoor recreational activities, including but not limited to hunting, fishing, trapping, camping, riding horseback, hiking, biking, using snowmobiles as defined in RSA 215-C, using OHRVs as defined in RSA 215-A, sightseeing upon, or removing fuel wood from, accepts, as a matter of law, the dangers inherent in the activity, and shall not maintain an action against an owner, occupant, or lessee of land for any injuries which result from such inherent risks, dangers, or hazards. The categories of such risks, hazards, or dangers which the participant assumes as a matter of law include, but are not limited to, the following: variations in terrain, trails, paths or roads, surface or subsurface snow or ice conditions, bare spots, rocks, trees, stumps, and other forms of forest growth or debris, structures on the land, equipment not in use, pole lines, fences, and collisions with other operators or persons.
3 New Subdivision; Losing Party’s Payment of Prevailing Party’s Attorney’s Fees and Court Costs in Certain Actions Against Landowners, Lessees, and Occupants. Amend RSA 507 by inserting after section 17 the following new subdivision:
Payment of Attorney’s Fees and Court Costs in Certain Actions
Against Landowners, Lessees, and Occupants
507:18 Payment of Attorney’s Fees and Court Costs in Certain Actions Against Landowners, Lessees, and Occupants..
I. In any action arising under RSA 212:34, III against a landowner, lessee, manager, holder of an easement, or occupant of land, the court shall order the losing party to pay the prevailing party’s attorney’s fees and court costs.
II. The court shall offer the losing party the opportunity to present evidence to the court of inability to pay the entire amount of the prevailing party’s attorney’s fees and court costs. If the court finds that the losing party is unable to pay the entire amount of attorney’s fees and court costs, it may waive the portion of the prevailing party’s attorney’s fees and court costs which the losing party is unable to pay.
4 Effective Date. This act shall take effect upon its passage.