HB491: relative to the inherent dangers of OHRV operation and limiting landowner liability for certain fish and game related land uses.

CHAPTER 172

HB 491 – FINAL VERSION

2005 SESSION

05-0890

10/01

HOUSE BILL 491

AN ACT relative to the inherent dangers of OHRV operation and limiting landowner liability for certain fish and game related land uses.

SPONSORS: Rep. Stohl, Coos 1

COMMITTEE: Fish and Game

ANALYSIS

This bill clarifies the inherent dangers of OHRV operation, and provides that where landowners grant permission to use land for fish and game related purposes no action may be taken by injured persons.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0890

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the inherent dangers of OHRV operation and limiting landowner liability for certain fish and game related land uses.

Be it Enacted by the Senate and House of Representatives in General Court convened:

172:1 New Section; Inherent Dangers of OHRV Operation. Amend RSA 215-A by inserting after section 5-b the following new section:

215-A:5-c Inherent Dangers of OHRV Operation. It is recognized that OHRV operation may be hazardous. Therefore, each person who drives or rides an OHRV accepts, as a matter of law, the dangers inherent in the sport, and shall not maintain an action against an owner, occupant, or lessee of land for any injuries which result from such inherent risks, dangers, or hazards. The categories of such risks, hazards, or dangers which the OHRV user assumes as a matter of law include, but are not limited to, the following: variations in terrain, trails, paths, or roads, surface or subsurface snow or ice conditions, bare spots, rocks, trees, stumps, and other forms of forest growth or debris, structures on the land, equipment not in use, pole lines, fences, and collisions with other operators or persons.

172:2 New Paragraph; Duty of Care. Amend RSA 212:34 by inserting after paragraph III the following new paragraph:

IV. Except as provided in paragraph III, a person using the premises as provided in paragraph I or given permission as provided in paragraph II, shall not maintain an action against the owner, occupant, or lessee of the premises for any injury which resulted while on the premises.

172:3 Repeal. RSA 215-A:34, II, relative to the dangers of OHRV operation, is repealed.

172:4 Effective Date. This act shall take effect January 1, 2006.

(Approved: June 21, 2005)

(Effective Date: January 1, 2006)