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Bill Detail: SB24-058

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Title Landowner Liability Recreational Use Warning Signs
Status Governor Signed (03/18/2024)
Bill Subjects
  • Civil Law
House Sponsors S. Bird (D)
B. Titone (D)
Senate Sponsors D. Roberts (D)
M. Baisley (R)
House Committee Judiciary
Senate Committee Judiciary
Date Introduced 01/17/2024
Summary

In current law, the Colorado Recreational Use Statute (CRUS)
protects landowners (owners) from liability resulting from the use of their
lands by other individuals for recreational purposes. However, the CRUS
does not limit an owner's liability for injuries or death resulting from the
owner's willful or malicious failure to guard or warn against a known
dangerous condition, use, structure, or activity likely to cause harm
(willful or malicious failure).
The bill states that under such circumstances, an owner does not
commit a willful or malicious failure if:
  • The owner posts a warning sign at the primary access point
where the individual entered the land, which sign satisfies
certain criteria;
  • The owner maintains photographic or other evidence of the
sign; and
  • The dangerous condition, use, structure, or activity that
caused the injury or death is described by the sign.
The bill requires an individual who accesses land for recreational
purposes to stay on the designated recreational trail, route, area, or
roadway unless the owner expressly allows otherwise, or be deemed a
trespasser.
Currently, the CRUS states that owner includes the possessor of
any interest in land. The bill clarifies that owner includes a possessor
or holder of a conservation easement.
The bill states that the CRUS may not be construed to limit an
owner's ability to restrict or prohibit the use of the owner's land for any
recreational purposes.
The bill also updates certain archaic language within the CRUS.

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