{"data":{"id":"us-ky/krs-411.190","jurisdiction":"us-ky","citation":"KRS 411.190","heading":"Obligations of owner to persons using land for recreation.","body":"(1) As used in this section:\n(a) \"Land\" means land, rocks, boulders, cliffs, roads, water, watercourses,\npedestrian swinging bridges, private ways and buildings, structures, and\nmachinery or equipment when attached to the realty;\n(b) \"Owner\" means the possessor of a fee, reversionary, or easement interest, a\ntenant, lessee, occupant, local government that expends public funds to\nmaintain pedestrian swinging bridges that are availab le for recreation and\npublic enjoyment, or person in control of the premises;\n(c) \"Recreational purpose\" includes but is not limited to any of the following, or\nany combination thereof: hunting, fishing, swimming, boating, camping,\npicnicking, hiking, rock  climbing, bouldering, rappelling, bicycling,\nhorseback riding, pleasure driving, nature study, water -skiing, winter sports,\nand viewing or enjoying historical, archaeological, scenic, or scientific sites;\nand\n(d) \"Charge\" means the admission price or fee asked in return for invitation or\npermission to enter or go upon the land but does not include fees for general\nuse permits issued by a government agency for access to public lands if the\npermits are valid for a period of not less than thirty (30) days.\n(2) The purpose of this section is to encourage owners of land to make land and water\nareas available to the public for recreational purposes by limiting their liability\ntoward persons entering thereon for such purposes.\n(3) Except as specifically recognized by or provided in subsection (6) of this section, an\nowner of land owes no duty of care to keep the premises safe for entry or use by\nothers for recreational purposes, or to give any warning of a dangerous condition,\nuse, structure, or activity on the premises to persons entering for such purposes.\n(4) Except as specifically recognized by or provided in subsection (6) of this section, an\nowner of land who either directly or indirectly invites or permits without charge any\nperson to use the property for recreation purposes does not thereby:\n(a) Extend any assurance that the premises are safe for any purpose;\n(b) Confer upon the person the legal status of an invitee or licensee to whom a\nduty of care is owed; or\n(c) Assume responsibility for or incur liability for any injury to person or\nproperty caused by an act or omission of those persons.\n(5) Unless otherwise agreed in writing, the provisions of subsections (3) and (4) of this\nsection shall be deemed applicable to  the duties and liability of an owner of land\nleased to:\n(a) The state or any subdivision thereof for recreational purposes; and\n(b) A local government that maintains one (1) or more pedestrian swinging\nbridges that are available for recreation and public enjoyment on the land.\n(6) This section shall not limit in any way any liability that otherwise exists:\n(a) For willful or malicious failure to guard or warn against a dangerous\ncondition, use, structure, or activity; or\n(b) For injury suffered in any case  where the owner of land charges the person or\npersons who enter or go on the land for the recreational use thereof, except\nthat in the case of land leased to the state or a subdivision thereof, any\nconsideration received by the owner for the lease shall n ot be deemed a\ncharge within the meaning of this section.\n(7) This section shall not be construed to:\n(a) Create a duty of care, a duty of protection from danger or risk to any\nindividual or the public in general, or other ground of liability for injury to\npersons or property;\n(b) Relieve any person using the land of another for recreational purposes from\nany obligation which he or she may have in the absence of this section to\nexercise care in his or her use of the land and in his or her activities thereon ,\nor from the legal consequences of failure to employ such care; or\n(c) Ripen into a claim for adverse possession absent a claim of title or legal right.\n(8) An action for the recovery of real property, including establishment of prescriptive\neasement, right-of-way, or adverse possession, shall not be brought by any person\nwhose claim is based on use solely for recreational purposes.","path":["KRS Chapter 411"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58144","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:35Z","sha256":"3d6e69a08b7f80096c5440a625cc6c614b64f297c927b538517bc5484184e2a4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-411.188","next":"us-ky/krs-411.195"},"notice":"GroundRules: Original legal text. Not legal advice."}