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Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 537

Effective - 28 Aug 1984 bottom

  537.348.  Landowner liable, when — definitions. — Nothing in this act shall be construed to create liability, but it does not limit liability that otherwise would be incurred by those who use the land of others, or by owners of land for:

  (1)  Malicious or grossly negligent failure to guard or warn against a dangerous condition, structure, personal property which the owner knew or should have known to be dangerous, or negligent failure to guard or warn against an ultrahazardous condition which the owner knew or should have known to be dangerous;

  (2)  Injury suffered by a person who has paid a charge for entry to the land; or

  (3)  Injuries occurring on or in:

  (a)  Any land within the corporate boundaries of any city, municipality, town, or village in this state;

  (b)  Any swimming pool.  "Swimming pool" means a pool or tank, especially an artificial pool or tank, intended and adapted for swimming and held out as a swimming pool;

  (c)  Any residential area.  "Residential area" as used herein means a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services; or

  (d)  Any noncovered land.  "Noncovered land" as used herein means any portion of any land, the surface of which portion is actually used primarily for commercial, industrial, mining or manufacturing purposes; provided, however, that use of any portion of any land primarily for agricultural, grazing, forestry, conservation, natural area, owner's recreation or similar or related uses or purposes shall not under any circumstances be deemed to be use of such portion for commercial, industrial, mining or manufacturing purposes.

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(L. 1983 S.B. 162 § 4, A.L. 1984 S.B. 580)

CROSS REFERENCE:

Swimming pools, certain pools, refusal to allow disabled persons to wear life jackets, penalty, 577.161


---- end of effective   28 Aug 1984 ----

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