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Searching 2018 Special Session

The Vermont Statutes Online

Title 12 : Court Procedure

Chapter 203 : LIMITATIONS ON LANDOWNER LIABILITY

(Cite as: 12 V.S.A. § 5793)
  • § 5793. Liability limited

    (a) Land. An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner's land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.

    (b) Equipment, fixtures, machinery, or personal property.

    (1) Unless the damage or injury is the result of the willful or wanton misconduct of the owner, an owner shall not be liable for property damage or personal injury sustained by a person who, without consideration and without actual permission of the owner, enters or goes upon the owner's land for a recreational use and proceeds to enter upon or use:

    (A) equipment, machinery, or personal property; or

    (B) structures or fixtures not described in subdivision 5792(2)(A)(iii) or (iv) of this title.

    (2) Permission to enter or go upon an owner's land shall not, by itself, include permission to enter or go upon structures or to go upon or use equipment, fixtures, machinery, or personal property.

    (c) Posting. An owner may post a sign warning against dangers on the owner's land or water. An owner who posts a sign pursuant to this subsection shall not be liable for any damage or injury allegedly arising out of the posting unless the damage or injury is the result of the willful or wanton misconduct of the owner. (Added 1997, No. 110 (Adj. Sess.), § 1; amended 2017, No. 136 (Adj. Sess.), § 1, eff. May 21, 2018.)