Monday, June 3, 2013

Recreational Use - Farm Liability Update

From the Independent Insurance Agents of Iowa -
The Iowa Legislature recently passed House File 649 which addressed the landowner recreational use liability issue in Code 461C, whose purpose is to encourage private owners (farmers) of land to make their land and water areas available to the public for recreational purposes by limiting the landowners' liability. The bill makes the entire Code chapter applicable to holders of land (including tenants and others in control), not just landowners. The bill basically overturns the recent decision rendered by the Iowa Supreme Court in Sallee v. Stewart , (No. 11-0892) (Iowa 2013).

This is GREAT news for Iowa!

The bill modifies the definition of "land", "recreational purpose", and "urban deer control" and includes immunity from liability for land holders with respect to specified ancillary activities or persons. It also broadens the definition of land and water areas included in the limitation of liability and provides that such land does not have to be open to the general public to be subject to the protections of Code 461C. The bill defines "land" to include private land within a municipality used for urban deer control. It also defines activities that constitute "recreational purpose" to include educational activities; including the accompanying of another person who is engaged in a recreational purpose. "Recreational purpose" and "urban deer control" are not limited to active engagement in such activities but also include entry onto, use of, passage over, and presence on any part of the land in connection with or during the course of such activities. The bill provides that the holder of land does not owe or assume a duty of care to others solely because the holder is guiding, directing, supervising or participating in any recreational purpose or urban deer control undertaken by others on the holder's land.
The Governor is expected to sign the bill into law.
To read the bill: http://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=Billbook&menu=false&hbill=HF649&ga=85