§ 99E-25. Liability of governmental entities. - North Carolina Statutes

§ 99E‑25.  Liability ofgovernmental entities.

(a)        This section doesnot grant authority or permission for a person to engage in hazardousrecreational activities on property owned or controlled by a governmentalentity unless such governmental entity has specifically designated such areafor these activities.

(b)        No governmentalentity or public employee who has complied with G.S. 99E‑23 shall beliable to any person who voluntarily participates in hazardous recreationactivities for any damage or injury to property or persons that arises out of aperson's participation in the activity and that takes place in an areadesignated for the activity.

(c)        This section doesnot limit liability that would otherwise exist for any of the following:

(1)        The failure of thegovernmental entity or public employee to guard against or warn of a dangerouscondition of which a participant does not have and cannot reasonably beexpected to have had notice.

(2)        An act of grossnegligence by the governmental entity or public employee that is the proximatecause of the injury.

(d)        Nothing in thissection creates a duty of care or basis of liability for death, personalinjury, or damage to personal property. Nothing in this section shall be deemedto be a waiver of sovereign immunity under any circumstances.

(e)        Nothing in thissection limits the liability of an independent concessionaire or any person ororganization other than a governmental entity or public employee, whether ornot the person or organization has a contractual relationship with agovernmental entity to use the public property, for injuries or damagessuffered in any case as a result of the operation of equipment for hazardousrecreational activities on public property by the concessionaire, person, ororganization.

(f)         The fact that agovernmental entity carries insurance that covers any activity subject to thisArticle does not constitute a waiver of the liability limits under thissection, regardless of the existence or limits of the coverage. (2003‑334, s. 1.)