An Act To Amend the Laws Governing Limited Liability for Recreational or Harvesting Activities
Sec. 1. 14 MRSA §159-A, sub-§1, ¶A, as amended by PL 2005, c. 375, §1, is further amended to read:
Sec. 2. 14 MRSA §159-A, sub-§1, ¶B, as amended by PL 2009, c. 156, §1, is further amended to read:
Sec. 3. 14 MRSA §159-A, sub-§4, as amended by PL 1995, c. 566, §1, is further amended to read:
(1) The landowner or the landowner's agent by the State; or
(2) The landowner or the landowner's agent for use of the premises on which the injury was suffered, as long as the premises are not used primarily for commercial recreational purposes and as long as the user has not been granted the exclusive right to make use of the premises for recreational activities; or
summary
This bill makes the following changes to the laws governing limited liability for recreational or harvesting activities.
1. It includes private railroad crossings in the definition of "premises."
2. It amends the definition of "recreational or harvesting activities" to provide that the listed activities qualify as recreational or harvesting activities regardless of whether an agreement pertaining to such activities exists.
3. It provides that the term "recreational or harvesting activities" includes the use of railroad property, private railroad crossings and railroad rights-of-way by nonrailroad users regardless of whether an agreement pertaining to such use exists.
4. It removes the provision that exempts an injury suffered in any case where permission to pursue a recreational or harvesting activity was granted in exchange for a payment from the extension of limited liability.
5. It provides that the laws governing limited liability for recreational or harvesting activities do not limit the liability that would otherwise exist by virtue of the terms and conditions of a contract.