American Whitewater

Tennessee Recreational Use Statute

TENNESSEE CODE ANNOTATED
TITLE 11: NATURAL AREAS AND RECREATION
CHAPTER 10: LEASE OF RECREATIONAL LANDS TO STATE–LIABILITY OF LESSOR

§11-10-101. Definitions.

As used in this chapter, unless the context otherwise requires:

(1) “Charge” means the amount of money asked in return for an invitation to enter or go upon the land;

(2) “Conservation easement” means a conservation easement as defined in § 66-9-303(1);

(3) “Land” includes, but is not limited to, roads, water, watercourses, private ways and buildings, structures and machinery or equipment thereon when attached to the realty;

(4) “Owner” includes, but is not limited to, tenant, lessee, occupant or person in control of the premises;

(5) “Public use easement” means a public use easement as defined in § 11-13-102; and

(6) “Recreational purposes” includes, but is not limited to, any one (1) or any combination of the following: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and visiting, viewing or enjoying historical, archaeological, scenic or scientific sites, or otherwise using land for purposes of the user.

HISTORY: [Acts 1967, ch. 246, § 3; T.C.A., § 11-1301; Acts 1982, ch. 554, § 1.]

§11-10-102. Land leased to political entity for recreational purposes - Duty of care - Warnings.

(a) Unless otherwise agreed in writing, an owner of land leased to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, owes no duty of care to keep that land safe for entry or use by others or to give warning to persons entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.

(b) An owner who leases land to the state or any agency thereof, or any county or municipality or agency thereof, for recreational purposes, shall not by giving such lease:

(1) Extend any assurance to any person using the land that the premises are safe for any purpose;

(2) Confer upon such persons the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for or incur liability for any injury to a person or property caused by an act or omission of a person who enters upon the leased land.

HISTORY: [Acts 1967, ch. 246, § 1; T.C.A., § 11-1302.]

§11-10-103. Land subject to conservation or public use easement - Duty of care - Warnings.

(a) An owner of any land, which is subject to a conservation easement or public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.

(b) An owner of land which is subject to an easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:

(1) Warrant by implication that the real property included in the easement is safe for any purpose;

(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.

HISTORY: [Acts 1982, ch. 554, § 2.]

§11-10-104. Certain existing liabilities unaffected.

(a) Nothing in this chapter shall be construed as limiting in any way any liability which otherwise exists:

(1) For willful or malicious failure to guard or warn against a dangerous or hazardous condition, use, structure, or activity; or

(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land other than the amount, if any, paid to the owner of the land by the state or any agency thereof, or any county or municipality or agency thereof.

(b) Nothing in this chapter shall be deemed to create a duty of care or ground of liability for injury to person or property, and nothing in this chapter shall limit in any way the obligation of a person entering upon or using the land of another for recreational purposes to exercise due care in such person's use of such land and in such person's activities thereon.

HISTORY: [Acts 1967, ch. 246, § 2; T.C.A., §§ 11-1303, 11-10-103.]

§11-10-105. Conservation easements - No duty of care, warning, etc.

(a) An owner of any land, which is subject to a conservation easement, whether such easement contains or does not contain a public use clause granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of any land, which is subject to a public use easement, granted to or acquired and held by the state or any agency thereof, owes no duty of care to keep that land safe for entry or use by others or to give warning to any person entering or going upon such land of any dangerous or hazardous conditions, uses, structures or activities thereon.

(b) An owner of land which is subject to a conservation easement, whether such easement contains or does not contain a public use clause, granted to or acquired and held by the state or any agency thereof, or any county or municipality or agency thereof, or an owner of land which is subject to a public use easement granted to or acquired and held by the state or any agency thereof, shall not, by granting such easement:

(1) Warrant by implication that the real property included in the easement is safe for any purpose;

(2) Confer upon any person the legal status of an invitee or licensee to whom a duty of care is owed; or

(3) Assume responsibility for or incur liability for any injury to any person or property caused by an act or omission of any person who enters upon the land subject to such easement.

HISTORY: [Acts 1988, ch. 965, §§ 1, 2; 1990, ch. 781, § 1.]

SUPPLEMENTAL INFORMATION

ADDITIONAL INFORMATION: Text of Code also available at Lexis on 11/19/00.