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. - Kentucky Statutes

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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 Board of Claims pursuant
to KRS 44.070. Effective: July 13, 2004
History: 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.