Recreational users; property
This amendment aims to encourage the use of private and public lands for educational and recreational purposes by reducing the liability fears associated with land ownership. It reinforces the idea that users assume a certain level of risk when engaging in these activities, which may promote greater participation in outdoor educational programs and recreational activities. By limiting the liability of landowners, the bill seeks to facilitate increased access to land for public enjoyment while simultaneously safeguarding property owners from potential lawsuits stemming from common accidents.
House Bill 2130 amends Section 33-1551 of the Arizona Revised Statutes, focusing on the liability and duties of property owners toward recreational and educational users of their land. The bill stipulates that property owners are generally not liable for injuries suffered by recreational users, unless it can be proved that the owner was willfully, maliciously, or grossly negligent. It also clarifies the definition of a recreational user, encompassing those who enter lands for various activities like hunting, hiking, or camping without paying an admission fee.
The sentiment around HB 2130 appears to skew positively amongst proponents, predominantly those aligned with recreational and educational land use. Supporters argue that this bill will foster outdoor activities and make land more accessible, particularly for educational purposes. However, there may be concerns from those who fear that the bill could lead to decreased safety standards on properties used for recreational purposes, as it diminishes the liability of landowners.
Notable points of contention include the balance between promoting recreational use of lands and ensuring that safety measures are not compromised. Critics might express concern over the implications for user safety and the potential for landowners to neglect maintenance or warning signs if they believe they are shielded from liability. Additionally, questions regarding the definition of 'gross negligence' could lead to legal ambiguities in claims arising from accidents on these lands, making it a significant point of discussion among policymakers.