150.645 Liability of landowner consenting to hunting, fishing, trapping, camping, or hiking on premises -- Claims for property damage by state employees participating in wildlife management practices
(1) An owner, lessee or occupant of premises who gives permission to another person to hunt, fish, trap, camp or hike upon the premises shall owe no duty to keep the premises safe for entry or use by the person or to give warning of any hazardous conditions on the premises, and the owner, lessee, or occupant, by giving his permission, does not thereby extend any assurance that the premises are safe for such purpose, or constitute the person to whom permission is granted an invitee to whom a duty of care is owed. The owner, lessee, or occupant giving permission for any of the purposes stated above shall not be liable for any injury to any person or property caused by the negligent acts of any person to whom permission is granted. This section shall not limit the liability which would otherwise exist for willful and malicious failure to guard or to warn against a dangerous condition, use, structure, or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, or hike was granted for a consideration other than the consideration, if any, as set forth in KRS 411.190(1)(d), paid to said owner, lessee, or occupant by the state. The word "premises" as used in this section includes lands, private ways, and any buildings and structures thereon. Nothing in this section limits in any way any liability which otherwise exists
(2) Department employees who participate in bona fide wildlife management practices are agents of the department and state and, in the event property damage does occur, a claim for property damages may only be brought in the Kentucky Claims Commission pursuant to KRS 49.040 to 49.180
Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 74, sec. 89, effective June 29, 2017. -- Amended 2004 Ky. Acts ch. 85, sec. 1, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 275, sec. 4, effective July 15, 1998. -- Created 1968 Ky. Acts ch. 38, sec. 29
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